Prenuptial Agreements

While conversations about money can be uncomfortable, approaching the topic with openness and framing it as mutual financial planning — not a lack of trust — can actually strengthen your relationship. Many couples report that the process of creating a prenup helped them communicate more openly about finances and expectations. We encourage couples to view the prenup as a tool for building a stronger foundation, not as a sign of doubt about the marriage.

Prenuptial agreements can address property division, spousal support, debt allocation, inheritance rights, and financial management during the marriage. They cannot address child custody or child support (which must always be determined based on the child's best interests at the time), cannot include personal lifestyle clauses (such as weight maintenance or household chores), and cannot contain terms that are illegal or that incentivize divorce.

The cost varies based on the complexity of the parties' financial situations and the extent of negotiation required. Simple agreements for couples with straightforward finances may cost a few thousand dollars, while complex agreements involving business valuations, multiple properties, or extensive negotiations may cost significantly more. The investment is modest compared to the potential cost and uncertainty of litigation if the marriage ends without an agreement.

Yes. A prenuptial agreement can be amended or revoked after marriage by mutual written consent of both spouses. This is done through a formal amendment or, alternatively, through a postnuptial agreement that supersedes the original prenup. Any modification must meet the same legal standards as the original agreement — including voluntariness, full disclosure, and fairness.

Common reasons courts decline to enforce prenuptial agreements include: one party was pressured or coerced into signing, one or both parties failed to disclose assets or debts, one party did not have the opportunity to consult with an independent attorney, the terms were unconscionably one-sided at the time of signing, the agreement was signed too close to the wedding (creating an implication of pressure), or the agreement was not properly executed under state law.