There’s a reason why all the celebs get prenups–they’re super important. Yes, regardless of how much money you have. (Prenups aren’t just for the wealthy, didn’t you know?)
But we get it: you’re busy, and you have no time to go to law school to learn the ins and outs of prenuptial agreements. What are they? How do they work? What can you put in a prenup? What can you NOT put in a prenup? And, finally, how do I go about getting one?!
We answer all of these questions and more for you below!
Back to basics: what is a prenup?
Think of it as a financial roadmap for your marriage. A prenuptial agreement, or “prenup” for short, is a contract couples sign before getting married.
It spells out how money, property, and other important stuff will be handled during the marriage and if it ends in divorce. It’s like insurance for the ‘what-ifs’ of life, and it only kicks in once you’re officially married.
It is important to note that a prenup is only enforceable after the couple has legally tied the knot.
What can you include in a prenup?
There are a ton of different provisions you can include in your prenup, and what you specifically should include is heavily dependent on your state laws and your unique situation. Here are some of the areas prenups can address:
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Keeping it separate: Define what you brought into the marriage (your boat, a savings account, etc.) as yours alone – even if you divorce. You can also determine what future assets that you earn will be separate vs. shared.
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Spousal support (alimony): You can use a prenup to decide ahead of time if alimony will be waived, limited, or left alone in your prenup. Waiving alimony means you are agreeing to NOT pay each other support in a divorce. Limiting it means you are setting terms for how much alimony may be paid. Leaving it alone means allowing alimony to potentially be paid one day.
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Tackling debt: Protect yourself from your spouse’s debt, whether pre-marriage or marital and ensure you don’t take on liabilities that you did not agree to or incur!
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Gifts and inheritances: If you want to make sure that big wedding gift or future inheritance stays yours, the prenup’s the place to say it.
- Death clause: While not the most fun topic, it can be an important clause to include to ensure your stuff goes where it should when you pass.
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Furry friends: Yes, you can have a pet custody clause! Outline ownership, shared care costs, or even visitation rights if you split up.
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Life insurance: You can add a clause that requires your spouse to maintain a policy for your benefit so you’re financially protected if the worst happens.
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Keeping things private: Include a confidentiality clause to safeguard sensitive details about your finances, business, or even the prenup itself.
The bottom line: There’s so much you can cover in a prenup. And the above options are not all–this is just the tip of the iceberg! Every couple is different, so a prenup should be catered to each individual couple’s needs.
What can you not include in a prenup?
Okay, so we talked about what to include in a prenup, but what about what NOT to include?
- Child support and child custody: Nearly all states do not allow parents to write in child custody or child support matters into their prenups. Children have individual needs that change over time, and it can be difficult to contract to what a child needs years before something actually happens.
- Unconscionable terms: Avoid extremely one-sided prenup terms (think: Lambo vs. food stamps unequal). In other words, leaving one person destitute.
- Illegal terms: Try to stay away from generally awful things, like illegal acts, while you’re at it, too. We’re talking about drug use, theft, murder, tax fraud, etc. The obvious no-nos. A court will not be upholding anything illegal, so don’t even think about it!
The bottom line: NO clauses about child support or custody, NO unconscionable terms, and NO illegal terms! Including any of these topics can get your prenup tossed out.
How does a prenup work?
So, how does a prenup actually work? It’s simple:
- Your rules, not just the state’s: Divorces without a prenup follow state laws on splitting things up. A prenup lets you and your spouse override those state default laws and decide what’s fair to YOU.
- Protection for what you value: A prenup safeguards assets that are important to you – a business, an inheritance, anything that matters.
- Simplifies a tough situation: If divorce does happen, the prenup means less fighting over money and property. You’ve already made those decisions pre-divorce and it makes your life a whole lot easier by having a roadmap already in place.
- Prenup challenges: Sometimes, one spouse might challenge the prenup in court, citing it is invalid or unenforceable. But a well-written prenup is very hard to overturn, so don’t worry! Plus, challenging a prenup is time-consuming and EXPENSIVE!
- “Marriage insurance”: It’s not about expecting a divorce, but being prepared. It’s like insurance but for your marriage. Like car insurance, you hope you never need it, but it’s smart to have.
How to get a prenup
There are several options for getting a prenuptial agreement, including hiring a lawyer, using an online platform, or a combination of both. However, we don’t recommend that you create a prenup on your own without professional guidance. Here’s the different ways to get a prenup:
Online Platforms (Like HelloPrenup)
- Pros: Convenient, often more affordable, guides you through the process step-by-step.
- How it Works: You and your partner answer questions separately, then work together to negotiate any differences. The platform generates a tailored prenup for you.
- Good If: You’re on a budget or want a streamlined experience.
The Hybrid Approach
- Pros: Combines the ease of online platforms with the peace of mind of attorney legal review.
- How it Works: Use an online platform for the initial draft, then have an attorney review it before you sign. HelloPrenup now offers optional Attorney Services for this exact use!
- Good If: You want some expert advice but don’t want to go the full-blown traditional lawyer route (in-person office visits, expensive bills, etc.).
3. Traditional Lawyer Route
- Pros: Personalized advice, attorney drafts the entire document.
- Mythbuster: Even attorney-drafted prenups aren’t foolproof – courts can still overturn them if they’re unfair or weren’t created properly.
- Good If: You have complex assets or want a very hands-on legal experience.
Important Note: Don’t try to DIY a prenup without any help. State laws are tricky, and a poorly written agreement might not protect you at all. Any of the above options are great choices!
If you’re planning your wedding, putting a prenup on the to-do list is smart!
It might not feel fun, but it’s a practical way to protect yourself and your future spouse. (And HelloPrenup does make it fun!) Here’s why:
- Control, not conflict: A prenup means you decide how things are split if divorce happens, not some judge or state law who doesn’t understand your life.
- Safeguard what matters: Whether it’s a family business, cherished possessions, or financial stability – a prenup keeps those things secure.
- Less stress, more clarity: Dealing with divorce is hard enough. A prenup makes the financial side less messy, so you can focus on healing.
- Getting it right: Don’t go the DIY route – lawyers or online platforms like HelloPrenup are the way to go. A valid prenup is your best protection.
Think of it as an investment in a stronger marriage – one built on honest communication and mutual respect.
Co-create your future & protect your ass(ets) with a prenup today!
Nicole Sheehey is the Head of Legal Content at HelloPrenup, and an Illinois licensed attorney. She has a wealth of knowledge and experience when it comes to prenuptial agreements. Nicole has Juris Doctor from John Marshall Law School. She has a deep understanding of the legal and financial implications of prenuptial agreements, and enjoys writing and collaborating with other attorneys on the nuances of the law. Nicole is passionate about helping couples locate the information they need when it comes to prenuptial agreements. You can reach Nicole here: [email protected]
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