Ever wonder how different a prenup is in Minnesota versus Florida? Great question! Prenuptial agreements are governed by state law, and every state has its own prenup laws. As if the legal system weren’t complicated enough! For starters, you need to ask yourself: “What state law applies to me?” and “What do those laws say about prenups?”
Fortunately, there are typically many similarities in prenup requirements state-to-state, but there can be some extremely contradictory requirements. What one state says is acceptable may be a hard no in another. This is why it’s crucial to know your applicable state law. Let’s talk about some of the differences between prenup laws.
What prenup requirements are true in every state?
Luckily for us, there are several things you can count on being true in all states. Despite the state-by-state variations, there are several core requirements that virtually all states agree on:
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Must be in writing: Oral prenup agreements are very hard to prove in court. A written contract is essential to a valid and enforceable prenup in virtually every state. For example, simply telling your partner you agree not to take half of their money in a divorce is generally not enough to be considered a valid prenup.
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Signed by both parties: Seems obvious, but it’s a common mistake! Make sure both of the parties to the prenup have clearly signed the document. A prenup without signatures is just a piece of paper.
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No illegal terms: You can’t include anything that breaks the law (no agreeing to crimes in the name of love!). This also includes terms that are against the state’s public policy. For example, this may be something like including terms about child support–it’s against public policy in most states.
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No coercion, duress, or fraud: The prenup is invalid if one person was pressured to sign or misled about what they were signing. Each party must enter the agreement voluntarily. This is true for all contracts!
Which states require notarization?
Some states require prenups to be notarized. Notarization is where a Notary Public witnesses the signing of the document and applies their seal of approval on the document. A notary public ensures that each party is who they say they are and is not being tricked into signing something else. If a prenup is ever challenged for its validity one day, notarization helps show the court that the agreement is authentic and legitimate.
Virtually all states will recommend getting your prenup notarized, even though it is not a formal requirement in all states.
In the following states, notarization is required by statute:
However, remember, many attorneys and resources will say notarization is required in every state anyway because it is a simple and cost-effective way to add an additional layer of protection to your agreement, making it a smart choice to do so, regardless of the legal requirement to do so.
Which states require witnesses?
Some states require witnesses for a prenup to be valid. This means that one or two people must watch you sign your prenup and sign it themselves. Depending on the state’s requirements, these can be notaries, state officials, or even random people. Witnesses help show the court that the prenup is authentic and legitimate.
Here are the states that require witnesses on a prenup:
In these states, you must have two witnesses (and potentially also notarization, if required) for your prenup to be valid. These can be any two people, as long as it’s not one of the parties to the contract.
Which states require an attorney?
In virtually every U.S. state, you can create a prenuptial agreement without hiring an attorney. That said, there are a few key exceptions—and important nuances—to be aware of.
Exception #1: Legal representation as a fairness factor
While most states don’t mandate a lawyer, some weigh the presence (or absence) of legal counsel when determining whether a prenup is fair and enforceable. Take New York, for example: if your prenup is challenged in court, the judge may consider whether each party had independent legal representation when deciding its validity. Although a prenup can still hold up without attorneys in NY, this factor can influence the court’s decision. Many other states take a similar approach.
Exception #2: Lawyer required in specific states or circumstances
Some states do require legal counsel under specific conditions:
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California: If you’re waiving or altering spousal support, legal representation is mandatory.
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Alabama: If the prenup isn’t inherently fair, both parties must have had legal counsel for the agreement to be valid.
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South Carolina: An attorney is required if the agreement includes a waiver of property rights—which most prenups do.
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New York: If your prenup addresses embryo disposition, legal counsel is required.
No state flat-out requires a lawyer for every prenup—but in some scenarios, it becomes legally necessary. Even when it’s not, working with an attorney offers significant benefits, like tailored legal advice and a customized agreement.
Which states require financial disclosure?
Virtually all states require some level of financial disclosure.
In the prenup world, financial disclosure means sharing your assets, real estate, income, debts, bank accounts, and more with your future spouse. How can you contract away rights in a prenup if you don’t know exactly what you are contracting away? Some states have a very hard line on what financial disclosure should look like, and others have a softer line regarding financial disclosure.
MA: For example, Massachusetts has a hard and fast rule: explicitly disclose it all or risk invalidating your prenup. If you don’t list out your assets line by line, item by item, you are at a very high risk of having your prenup thrown out in MA.
TX: On the other hand, Texas is a little less strict and will only look at financial disclosure if the prenup is unconscionable. Meaning that the courts will only scrutinize your level of financial disclosure if they find the prenup particularly unfair.
FL: Florida is somewhere in between. You need to provide full financial disclosure, but if it’s not minutely detailed or exact, it’s typically still okay.
CA: Way over on the West Coast in California, courts say that if the spouse had even adequate knowledge of the finances, then that’s enough. No full disclosure is necessary (although it’s recommended to avoid a lawsuit).
For more information on financial disclosure, click here!
Some states have waiting periods
Few states have a waiting period requirement for prenups. This means you can’t just get your prenup on the same day you get married; there’s a mandatory waiting period. For example, California has a “7-day rule,” which requires at least seven days between the presentation of the final prenup draft and the parties’ signing. This rule provides the spouses with enough time to obtain an attorney and ensure that both spouses have considered the agreement’s impact. Another example of a waiting period is Minnesota, where they have a 7-day rule, but it’s different from California’s 7-day rule. It requires that the parties sign the agreement 7 days before the wedding.
Other states, such as New Hampshire, have less strict waiting periods. New Hampshire case law suggests the standard time before signing a prenup should be 30 days, but it’s not a hard and fast rule, just heavily recommended.
Which state law applies to you?
In today’s mobile and remote world, more and more people are hopping from state to state to live and work. So, what happens when you execute a prenup in one state, get married in another, and then try to enforce it in yet another state?
It’s a tricky question and can vary significantly depending on your state (shocker, we know).
The general rule of thumb: Choose the state you plan to reside in as a married couple. If your situation is more complicated than that, you can reach out to an attorney to ask which state makes sense for you.
The good news? We offer Q&As with attorneys in select states for flat rates, to whom you can ask this question!
Conclusion
Prenup laws are complex, and YES, they vary by state. But don’t worry, HelloPrenup’s got your back. We offer state-compliant prenups, so you don’t have to worry about the varying, complex laws! Here are your next steps:
- Know Your State: If your situation is complex, figure out which state applies to you (where you will reside as a married couple) or consult with an attorney on our platform if you aren’t sure where you will reside.
- Sign Up With HelloPrenup: Co-create your future together & protect your ass(ets) with a prenup! Get started on your state-compliant prenup today.
Julia Rodgers is HelloPrenup’s CEO and Co-Founder. She is a Massachusetts family law attorney and true believer in the value of prenuptial agreements. HelloPrenup was created with the goal of automating the prenup process, making it more collaborative, time efficient and cost effective. Julia believes that a healthy marriage is one in which couples can openly communicate about finances and life goals. You can read more about us here Questions? Reach out to Julia directly at Hello@Helloprenup.com.
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