Prenuptial Agreement: The Complete Guide for Couples in 2026
A prenup isn't just for the wealthy — it's a smart legal tool for anyone entering marriage with assets, debts, or children from a previous relationship. Here's everything you need to know.
Despite common misconceptions, a prenuptial agreement (prenup) is not a sign that you anticipate divorce. It is a practical, legally binding contract that clearly defines each partner's financial rights and responsibilities in the event of divorce or death.
Why Consider a Prenuptial Agreement?
- Protect assets acquired before marriage — inheritance, investments, business ownership
- Clarify each spouse's financial responsibilities during marriage
- Protect children from a prior relationship
- Prevent one spouse from inheriting the other's debt
- Streamline divorce proceedings if the marriage doesn't last
What Can a Prenup Include?
- Division of specific assets and debts
- Alimony terms — whether it will be paid and in what amount
- Protection of family heirlooms and inheritance
- Business ownership and valuation provisions
What a Prenup Cannot Include
Courts will not enforce provisions that are illegal, that determine child support or custody in advance, or that were signed under duress. Both parties must have independent legal counsel and full financial disclosure for a prenup to be enforceable.
When to Start the Process
Begin discussions at least 3 to 6 months before your wedding. A prenup signed days before the ceremony can be challenged as coercive. Give both parties time to review, negotiate, and sign comfortably.