At first glance, the question of who signs a prenup seems simple. The answer, however, is layered with nuance, shaped by legal formalities, timing, and context that can determine whether your agreement holds up in court or falls apart when challenged. A valid prenuptial agreement can provide clarity, financial transparency, and the process of creating and signing a prenup together can build trust in a relationship. For couples planning a life together, a prenup offers a way to define expectations and protect what matters most. But in order to do that, the agreement must meet your state’s legal requirements, starting with who signs it and how. But who signs the prenup? And, do we need to have witnesses or notarize the agreement? Keep reading to find the answers to your questions and to learn more about the prenuptial agreement process.
The two essential signatories
In every state, both future spouses must sign the prenuptial agreement. That part is non-negotiable. A prenup is, after all, a contract between two people. So both parties need to voluntarily and knowingly agree to its terms. What may surprise people, however, is that even with both signatures, the contract can still be thrown out if it wasn’t executed correctly. Prenups are often challenged in court based on claims of coercion, fraud, or lack of understanding. If one spouse felt pressured to sign on the eve of the wedding, or didn’t have time to consult a lawyer, a judge may find the agreement unenforceable. And in states that haven’t adopted the Uniform Premarital Agreement Act (UPAA), courts have even more discretion to examine the fairness of the contract, how it was signed, and whether it meets state-specific standards. That’s why the signature process is about more than a pen and paper. It’s about documenting clear consent, providing full financial disclosure, and ensuring both parties understand what they are signing.
Do we need witnesses or a notary?
Whether witnesses or a notary are required depends on your state’s laws. Alabama, Minnesota, and Michigan, and several other states have witness requirements for prenups. Some states don’t require any additional formality beyond the couple’s signatures. Others recommend or mandate having the agreement notarized to confirm authenticity.
Even in states that don’t technically require a notary, many couples choose to add one as a precaution. A notarized prenup creates a verifiable record of execution, which can be helpful if the agreement is ever contested in court years later. Similarly, in some jurisdictions, including a self-proving affidavit, like those often used with wills, can simplify future enforcement. But again, these additional steps depend on state law and your specific situation.
Can we share a lawyer, or each have our own?
While it’s technically possible in some states for both parties to be advised by the same attorney, it’s rarely recommended. And in many cases, it undermines the enforceability of the prenup. The reason is simple. What protects one person may not protect the other. Lawyers have a duty to act in their client’s best interest, and that is nearly impossible to do fairly for two people who may have different financial interests. For a prenup to be truly valid and harder to challenge, it’s wise for each person to have their own independent legal counsel. Courts are far more likely to uphold an agreement when both parties have had the opportunity to receive legal advice, ask questions, and fully understand the consequences of the document. If one person has an attorney and the other doesn’t, the court might still enforce the prenup, but the agreement could be subject to more scrutiny. If one spouse didn’t fully understand the terms or felt pressured to accept terms they didn’t like, that can be grounds for invalidation.
Who else might sign in a supporting role
The prenup is a contract between the couple. No one else is a party to it. However, others may sign in a supporting capacity. A notary public, for example, may sign to confirm the identities of the parties. A witness, if required by state law, may sign to verify they observed the couple execute the agreement voluntarily. In rare cases involving complicated trusts, deeds, or family businesses, other individuals might be asked to sign acknowledgments or consent forms related to specific provisions, but they are not parties to the prenup itself. Attorneys can also sign a prenup to add extra validation to the fairness of the terms and to the voluntary nature of the signatures.
Why the signature process matters
A signature is more than a formality. It’s a linchpin of the agreement’s enforceability. Courts routinely assess not just whether the prenup was signed, but whether it was signed under fair conditions. Was the agreement presented far enough in advance of the wedding to allow proper review? Was it signed with full financial disclosure and without coercion? Were both parties mentally competent and emotionally grounded when they signed? Did each party have legal counsel? When a prenup is challenged, these questions form the foundation of the court’s review. If the answers suggest one-sidedness, unfair pressure, or procedural missteps, the judge may decide not to enforce the agreement or strike out certain provisions, especially those related to spousal support or property division. That’s why your signatures and everything surrounding them need to reflect clear, informed, and voluntary intent.
Best practices to protect your prenup
To protect your prenup and give it the legal strength you desire, consider following these signature-related best practices:
- Make sure both spouses sign voluntarily, without pressure or last-minute surprises.
- Execute the agreement well in advance of the wedding, ideally weeks or even months before.
- Include a notarized acknowledgment and/or a witness signature if allowed in your state.
- Ensure full financial disclosure is documented before signing.
- Seek independent legal counsel for both parties whenever possible.
These steps foster mutual respect, transparency, and fairness, which is the true spirit of a well-drafted prenup.
Final thoughts on who signs a prenup
So, who signs a prenup? At a minimum, both spouses do. But the real answer rests in the specific requirements of your state and ensuring that your signatures reflect a thoughtful, informed, and fair agreement. When done well, the signature process provides confidence, not just in the legal enforceability of the contract, but in the strength and integrity of the relationship it’s designed to protect. If you’re navigating this process and unsure where to start, don’t rush or go it alone. A well-executed prenup begins with care, communication, and trusted legal guidance so the agreement you sign today stands strong tomorrow.
Hello, I’m Shawn McKenna, a dedicated divorce lawyer based in Chicago, Illinois. Originally from the beautiful state of Michigan, I’ve built my career in Illinois, where I navigate the complex landscape of family law with a focus on achieving fair and equitable outcomes for my clients.
I specialize in divorce and family law, handling high-stakes cases involving complex asset division, child custody arrangements, and spousal support. My expertise also extends to prenuptial agreements, where I help couples lay a solid foundation for their future by clearly outlining financial expectations and responsibilities.
One of the aspects I love most about working with prenups is the proactive approach it allows couples to take. Prenups provide a unique opportunity to foster open and honest communication about finances before marriage, which can strengthen the relationship and provide peace of mind. I am passionate about helping clients create agreements that protect their interests while fostering mutual respect and understanding.
At Hello Prenup, I am proud to be part of a team that empowers individuals to make informed decisions about their financial futures. My goal is to ensure that each client feels supported and confident as they embark on this important step in their lives.
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