Imagine discussing your financial future with your fiancé, agreeing to sign a prenup, and then completing the process through an online platform Phew, that was easy! Now, fast forward a few years, and you discover that your online prenup is partially unenforceable because the law in your state treats spousal support waivers and property division differently than from the contract you purchased. This upsetting situation happens often in real life! Prenuptial agreements live and die by state-specific laws. The differences aren’t minor, they’re monumental. And if the online platform you choose to draft your prenup doesn’t account for them, you risk having invalid contracts that won’t hold up when they matter most. How different are state law requirements for a valid prenup? And, where do I find an online prenup platform that abides by my state laws? Continue reading to learn the answers to your questions and learn more about prenups.
The patchwork of prenup law in the U.S.
Prenuptial agreements aren’t governed by one neat federal statute. Instead, they’re creatures of state law, meaning each state decides its own rules for validity, fairness, disclosure, and enforcement. While many states have adopted some version of the Uniform Premarital Agreement Act (UPAA) or its 2012 successor, the Uniform Premarital and Marital Agreements Act (UPMAA), they rarely do so without modifications. The result is state regulations that vary in nuanced ways.
Spousal support waivers
Take California and Texas. They are two of the nine community property states, but have wildly different approaches to spousal support waivers. In California, Section 1612(c) of the California Family Code explicitly restricts waivers of spousal support unless the waiving party had independent counsel and the terms aren’t unconscionable at enforcement (Cal. Fam. Code § 1612(c)). Texas allows spousal maintenance waivers more freely but still requires voluntariness and full and fair disclosure of financial information (Tex. Fam. Code § 4.003). Florida, Arizona, and Nevada also generally uphold spousal support waivers absent fraud, duress, coercion, or complete lack of disclosure. One of the most consistent factors about prenups is how the rules and regulations governing them vary state by state. Let’s dive into how state laws vary regarding the fairness of a prenup.
Substantive fairness
Speaking of prenup law varying widely from one state to the next, Massachusetts famously applies the “second-look test,” which means that courts evaluate fairness both at execution and at the time of enforcement (DeMatteo v. DeMatteo (2002)). Other states, such as Connecticut, Colorado, North Dakota, and Iowa, have similar doctrines where courts consider whether enforcing a prenup would be unconscionable or might cause a significant hardship at the time of divorce. Alternatively, states like Florida and Illinois mainly consider fairness when signing.
Procedural requirements
In addition to assessing the fairness of a prenup’s terms, courts will look to see that couples followed the proper steps when they signed their agreement. Some states, like California, impose particular requirements: a final draft must be presented at least seven days before signing, and as discussed above, waivers of spousal support are unenforceable unless the party waiving support had an independent attorney. On the other hand, New York focuses on how the agreement is signed. In New York, it must be acknowledged like a deed under Section 236(B)(3) of the Domestic Relations Law, and even a missing notary detail can void the entire agreement (NY Dom. Rel. Law § 236(B)(3)). And then there are states like Texas, which have fewer procedural hurdles but still require voluntariness and full and fair disclosure to avoid claims of unconscionability.
Financial disclosures
When it comes to sharing financial information before signing a prenup, the rules aren’t the same everywhere, which surprises many couples. In some states, like Florida, full financial disclosure is basically non‑negotiable. If you don’t lay out your income, assets, and debts, you risk the whole agreement being tossed later (Casto v. Casto (1987)). Other states, like Texas, are more flexible, allowing couples to waive detailed disclosure if they’re comfortable doing so, but they still require that waiver to be explicit and voluntary. Then you have states like California, where disclosure isn’t just encouraged, it’s baked into the fairness test, especially for spousal support provisions. It’s critical to know where your state stands regarding financial disclosures. But even if your state lets you waive disclosure, skipping it altogether can open the door to future challenges. Complete transparency strengthens your agreement and builds trust with your partner, which is an essential benefit of a prenup. As you can see, one-size-fits-all simply doesn’t work in prenup law.
Lessons from real court cases
Real-life cases show just how unforgiving courts can be when prenups don’t comply with state-specific rules. In the 2021 case of Anderson v. Anderson, a New York court threw out a prenup simply because one spouse’s signature wasn’t properly acknowledged (Anderson v. Anderson (2021)). The court didn’t even examine the fairness of the prenup because the technical defect alone doomed the agreement. In the Massachusetts case referenced above, DeMatteo v. DeMatteo, the court established the second-look test, meaning a prenup must be fair when signed and enforced (DeMatteo v. DeMatteo (2002). These cases emphasize how states take the nuances in their prenup laws very seriously.
In 1982, the Colorado Supreme Court found that enforcing a prenup as written would have been grossly unfair given the wife’s financial circumstances and contributions during the marriage (In re Marriage of Newman (1982). Colorado has since codified this principle under its version of the UPMAA, allowing courts to refuse enforcement if a prenup is unconscionable at the time of enforcement or would cause substantial hardship. Doctrines like this have led to prenups being revisited years later, especially when life circumstances like illness, job loss, and children shift dramatically. When drafting a prenup, it’s critical to know whether your state takes a second look at fairness when it is enforced.
California’s 2002 case, In re Marriage of Bonds, upheld a prenup signed without independent counsel, but the public backlash spurred legislative reforms requiring stricter fairness reviews, especially for spousal support waivers. This situation spawned California’s requirement that independent counsel be involved if there is a waiver of spousal support. Using a platform that is aware of these varying state laws and applies them in the drafting process is critical to the success of your prenup.
HelloPrenup’s state-specific prenup drafting
A good prenup platform doesn’t just hand you a generic template and wish you luck. It quietly does the heavy lifting of translating your state’s quirks into a seamless experience. HelloPrenup’s team has thoroughly researched the laws in each state to ensure the platform and the agreement are state-compliant. State laws are constantly changing and evolving, and a critical success factor for HelloPrenup is that it stays current on state laws. Their prenups are regularly updated to reflect any nuanced updates in the ever-changing legal landscape across the U.S.
With HelloPrenup, you can answer a thorough Questionnaire and receive an expertly generated state-specific prenup. You can also hire an experienced prenup attorney licensed in your state to guide you through the process and to sign your agreement. Using a DIY prenuptial agreement platform might feel simple from the customer’s perspective. But behind the scenes, that state-specific design turns a do-it-yourself prenup into something that can actually hold up in court (as long as you follow the state rules).
Final thoughts on why a prenup platform needs state-specific legislation
If you’re considering a prenup, you probably aren’t obsessing over legislative nuances. You’re considering protecting your house, savings, and possibly your kids from a prior relationship. That’s precisely why you should care. Those state-specific nuances can make or break your agreement. A platform that doesn’t build state-specific law into its system could leave you vulnerable.
You don’t want to discover after years of marriage, and at the worst possible time, that a minor oversight rendered your prenup unenforceable. While the basic requirements that a prenup be in writing, signed voluntarily, and include complete financial disclosures, apply in every state, many critical laws for a valid prenup vary dramatically from state to state. Sit down with your partner, have these essential financial conversations, and find a prenup platform that drafts your agreement according to your state’s specific laws. Then you can mark this vital wedding to-do item off your list and get back to planning your reception and honeymoon!
Jourdan Stewart is Legal Operations Attorney at HelloPrenup, and a Texas licensed attorney. Jourdan is experienced in drafting prenuptial agreements, and her legal expertise extends to other aspects of family law, business law and entertainment law. Jourdan earned her law degree from Pepperdine University, her MBA from The Acton School of Business, and her BBA from Baylor University. Jourdan’s favorite aspect of legal practice is helping clients fully understand and achieve their goals. She finds great satisfaction in tailoring solutions to each client’s unique set of wants and needs. When she’s not practicing law, Jourdan can be found in nature with her two children and their dog, Stewey.
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