If you think prenuptial agreements are a modern invention, think again! These contracts have been protecting assets, dowries, and, let’s face it, family drama for over 2,000 years. From ancient civilizations to the Gilded Age to today’s TikTok generation, prenuptial agreements have evolved alongside society’s changing views on marriage, gender roles, and money. But what about the first prenuptial agreement? Let’s get into the origins of prenuptial agreements and a fun history lesson on how they developed through the years.
What is a prenup?
First, let’s review what a prenup is. A prenup, or prenuptial agreement, is a legally binding contract that a couple signs before getting married. Essentially, it’s a roadmap for how their finances, property, debts, businesses, inheritances, taxes, and other matters will be handled during the marriage and—if things go sideways—how everything will be divided in the event of a divorce, and some topics around death. While that’s what a prenup is now, let’s take a look back at the history of prenups, beginning with the first prenuptial agreement in history.
The origins of prenuptial agreements (the first prenups)
Let’s dive into some of the historic ways prenups have been used all over the globe for thousands of years.
Jewish Ketubah
The ancient Hebrew marriage contract, known as a “Ketubah,” dates back over 2,000 years and is one of the first legal documents granting such legal rights to women. These contracts detailed the division of property and assets in the case of divorce or death; most importantly, the ketubah ensured the bride’s right to her spouse’s property under such circumstances.
Ancient Egypt
Around 465 B.C. in Ancient Egypt, women had equal legal and property rights to men, which was reflected in their marital contracts. These documents were made to ensure that the wife would be adequately provided for if the marriage didn’t work or her husband died. Fun fact: These documents were apparently 8 feet long and filled with beautiful calligraphy.
Greece and Rome
In Ancient Greece and Rome, similar agreements were customary, especially among wealthy families. Roman legal codes allowed for detailed arrangements concerning property and inheritance, and women could sometimes retain control over dowries. These agreements were less about protecting individuals and more about maintaining familial wealth and alliances.
Medieval Europe: Where dowries were the OG prenup
By the ninth century, during the Middle Ages, marriage contracts akin to what we now recognize as a prenup became common. Wealthy families typically would arrange marriages between their children for strategic and financial gain. Dowries and marriage contracts were used to ensure that the financial and property interests of both families were protected in the event of divorce or death. For example, one of the major aristocratic families in Great Britain had very complex marriage agreements.
Evolution of prenuptial agreements in American history
Prenups didn’t become more commonplace in the United States until the 19th and 20th centuries, but their use can be traced back to the early days of colonialism.
Colonial America
When colonists came from across the pond to establish the original colonies, women had very few rights and were not allowed to own property in their own name. However, in the early days, the population was overwhelmingly male, so women were recruited to immigrate to the Americas to marry the men in an effort to grow the colonies’ populations. As a result, these women had amassed power that was uncommon to women at the time, and they were able to negotiate the terms of their marriages, getting men to sign prenups so they could keep their own property.
19th Century Americaf
Here’s the tea: Until the mid-1800s, if a woman’s husband died, she could lose everything—her home, her money, and her security. Enter the 1848 Married Women’s Property Act, a game-changer that allowed married women to hold onto property acquired before and during marriage. Suddenly, prenups were less about dowries and more about protecting women’s financial independence. For example, industrial magnates and wealthy families in the Gilded Age of the U.S. began adopting prenups to protect vast estates and prevent messy inheritance disputes.
Early 20th Century
At the dawn of the 20th century, prenup agreements weren’t exactly trending. While society was starting to modernize, the courts were still clutching their pearls at the idea of spouses putting financial arrangements in writing before the big day. Judges believed that discussing money before marriage was downright unromantic and feared it encouraged divorce—an unsavory concept in a world that still viewed marriage as a lifelong contract. (See Crouch v. Crouch, 385 S.W.2d 288, 293 (Tenn. Ct. App. 1964), where the TN court stated that a prenup “is promotive of divorce and void on grounds of public policy.”).
But as society shifted, so did marriage dynamics. The wealthy elite and Hollywood’s burgeoning stars were among the first to normalize prenups during this time. High-profile marriages often came with high stakes, so the rich and famous began using prenuptial agreements to protect their assets.
The early 1900s were a time of slow legal evolution—prenups were a tool for the wealthy but remained controversial and poorly understood by most.
Mid-20th Century: A turning point
By the mid-20th century, society was shifting faster than ever. World War II had upended traditional family roles, sending women into the workforce and increasing financial independence. Meanwhile, the divorce rate was quietly climbing, revealing cracks in the “happily ever after” ideal of earlier decades. Enter the age of prenuptial agreements as a practical necessity.
- Change in Divorce Laws: The rise of no-fault divorce laws in the 1960s-70s and beyond signaled that marriages weren’t just dissolving due to scandal but because people simply wanted out. With divorce no longer taboo, couples began to recognize the importance of financial planning, leading to a greater interest in prenups.
- Women’s Liberation: By the 1960s and 70s, the women’s liberation movement had a profound impact on marriage contracts. As more women pursued careers and gained financial autonomy, prenups became less about protecting family fortunes and more about ensuring fairness. Women weren’t just asking for a seat at the table—they were demanding legal tools to protect their hard-earned wealth.
- Landmark Case: Posner v. Posner (1970): This Florida case was a game-changer for prenups. In this case, the court upheld the validity of a prenup, setting a precedent for enforceability and proving that these agreements weren’t just for trust fund babies. Posner v. Posner marked the beginning of a legal shift, with courts recognizing that financial planning before marriage wasn’t an attack on love—it was smart adulting.
The modern era: The rise of the everyday prenup
Gone are the days when prenups were reserved for the ultra-wealthy. Thanks to the Uniform Premarital Agreement Act (UPAA) of the 1980s, prenups became standardized and accessible for everyone. Today, couples are using prenups more than ever to hash out everything from asset division to pet custody to frozen embryos. This increase can be attributed to younger generations’ shifting perspectives, the influence of pop culture normalizing prenups, and the flexibility to easily create a custom prenup to meet specific needs.
Shifting perspectives on prenuptial agreements
The stigma surrounding prenups has all but disappeared, particularly among younger generations. Millennials and Gen Z are embracing them not as a sign of mistrust but as an act of mutual respect and preparation. According to recent surveys, millennials are the generation most likely to draft a prenuptial agreement before walking down the aisle. Why? Because they’ve seen it all—the messy divorces of the 1980s and 90s, the skyrocketing cost of living, and the increasing complexity of modern finances.
Some other common reasons for modern prenups:
- Debt Protection: With student loan debt in the U.S. surpassing $1.7 trillion, many couples want to ensure that they aren’t liable for each other’s premarital financial baggage. A prenup can outline who’s responsible for what, ensuring debt doesn’t become a third wheel in the marriage.
- Entrepreneurship: From tech founders to Etsy sellers, today’s couples often enter marriage with businesses already up and running. Prenups can help protect business assets and define how income or ownership will be handled if the marriage ends.
- Blended Families: As remarriage rates rise, prenups are becoming critical for blended families. They allow individuals to protect assets for their children from previous relationships and avoid potential conflicts between step-siblings or new spouses.
- Pet Custody: Yep, pet prenups are a thing! As more couples view their pets as family members, prenups can outline custody arrangements for your fur babies in case of a breakup.
- Modern Family Dynamics: From frozen embryos to cryptocurrency investments, today’s prenups are as forward-thinking as the couples who create them. These agreements can even address intellectual property rights, social media passwords, and digital assets.
- Align on marital goals: Getting a prenup can align a couple on certain topics, such as joint finances, budgeting, retirement, property ownership, what happens after death, and so much more. Aligning on these topics can help couples feel closer together and start the relationship with a stronger foundation.
Prenuptial agreements are no longer taboo but a to-do. They protect so much more than just individual financial interests, but they can also protect pets and children and even foster a better marital relationship.
Prenuptial agreements in pop culture
Prenups have also benefited from their presence in pop culture and media. Celebrity divorces and legal battles have shown the public why having a prenup isn’t just wise but necessary. The high-profile divorces of stars like J. Lo, Ariana Grande, and Jeff Bezos often include high-stakes prenup discussions, putting these agreements in the spotlight and encouraging ordinary couples to follow suit.
At the same time, prenups have been normalized in TV shows, rom-coms, and even social media, where influencers talk openly about why they’re drafting one. The narrative has shifted from “prenups kill romance” to “prenups save relationships.”
Prenuptial agreements are flexible for the modern couple
One of the biggest appeals of today’s prenups is their flexibility. No longer just about assets and debts, modern prenuptial agreements can be as unique as the couples drafting them. From who gets to keep the Peloton to how intellectual property from a side hustle will be divided to embryo clauses, prenups are truly bespoke legal tools. In some states, they can even include “lifestyle clauses” covering everything from house chores to infidelity to limits on social media posts.
The bottom line on the first prenuptial agreement in history
No matter the era, the prenup’s mission has stayed the same: protect individual interests, ensure financial clarity, and minimize drama (or at least try). In 2024 and beyond, prenuptial agreements aren’t just about planning for the worst—they’re about building a solid foundation for the future. They encourage open communication, mutual respect, and clarity, helping couples avoid misunderstandings and financial disputes down the road. A prenup might just be the most romantic thing you and your partner do for each other.
Jess Perillo is a legal intern at HelloPrenup, and is currently a third-year student at Suffolk University Law School. She is an Article Editor on Suffolk Law Review, and is especially interested in legal research and writing. Jess is passionate about exploring the ways technology can help close the justice gap and make legal services more accessible.
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