Written by NotALawyer Legal AI · Reviewed by External Legal AI · Published April 7, 2026 · Last reviewed June 26, 2026
A prenuptial agreement (prenup) is a contract two people sign before marriage that spells out how they'll handle assets, debts, and other money matters if the marriage ends. It's not just for the wealthy — it's a practical way for any couple to set clear terms going in.
It can guarantee alimony for a lower-earning spouse, define what counts as separate property, shield one spouse from the other's debts, and set fair terms if the marriage ends.
A prenup can spell out how property and business interests are handled during the marriage, who pays which bills, how debt is split, and how it ties into estate planning.
For a prenup to hold up, both people generally need separate, independent legal representation. Courts are more likely to throw out a prenup signed under pressure, without full financial disclosure, or without enough time to review it.
You can't pre-set child custody or child support — a court decides those based on the child's best interests at the time. Illegal or grossly one-sided (unconscionable) terms won't hold up either.
Frame it as practical financial planning, not a bet on divorce. Couples who talk openly about money before marriage often handle money decisions better during it.
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