What is a Pre-Nuptial Agreement (Prenup)?

A Pre-Nuptial Agreement, commonly referred to as a prenup, is a legally binding contract made between two individuals before marriage. This agreement clearly outlines the division and management of assets, debts, financial responsibilities, property rights, and even spousal support in the event of a divorce, separation, or death.

Far from being just a legal formality, a prenup can help couples enter into marriage with clarity and transparency, reducing future conflicts and litigation. It is particularly beneficial when:

  • One or both parties have significant personal or family wealth.

  • Either party owns a business or startup.

  • There are children from previous marriages or inheritance plans.

  • There are major differences in income, debts, or financial goals.

  • One party plans to give up a career or make lifestyle changes during the marriage.

A well-drafted prenuptial agreement ensures that both spouses are protected and that the financial arrangements are agreed upon in advance—rather than being decided in a potentially contentious divorce proceeding.

Where is a Pre-Nuptial Agreement Legally Valid?🌍

Prenuptial agreements are recognized and enforceable in many jurisdictions around the world, provided they meet legal requirements:

  • United States: Valid in all 50 states (including California, Texas, and New York), though enforceability depends on state-specific family law statutes.

  • United Kingdom: Not automatically binding, but upheld by courts if fair and both parties had legal advice.

  • Australia: Known as Binding Financial Agreements (BFAs), enforceable under the Family Law Act 1975.

  • Canada: Enforceable under provincial laws (e.g., Ontario Family Law Act), provided full disclosure is made.

  • India: Not statutorily recognized, but can hold value as a civil contract if drafted properly.

  • United Arab Emirates (UAE): Recognized for expatriates under DIFC and ADGM laws; Sharia-based courts may not uphold it.

  • Singapore: Increasingly considered by courts, especially in high-net-worth cases, though not absolutely binding.

Before drafting or signing a prenup, it’s essential to consult a family law expert familiar with the jurisdiction where the agreement will be enforced.

Documents Required to Create a Valid Pre-Nuptial Agreement

To ensure enforceability, both parties should provide complete and accurate documentation, including:

  1. Proof of Identity – Valid ID/passport.

  2. Asset Declaration – List of real estate, investments, vehicles, jewelry, etc.

  3. Debt Information – Credit card debts, loans, mortgages, etc.

  4. Income Proof – Pay stubs, tax returns, or financial statements.

  5. Business Documents – Shareholding agreements, incorporation certificates.

  6. Inheritance or Trust Documents – If either party expects future inheritance.

  7. Legal Representation Certificates – In some jurisdictions, both parties must confirm they received independent legal advice.

Proper disclosure and transparency are key. If either party withholds information or signs under duress, the agreement could be rendered invalid by a court.

PRE-NUPTIAL AGREEMENT 

This Pre-Nuptial Agreement (the “Agreement”) is made effective as of [DATE], by and between:

[PARTY 1 FULL NAME], residing at [COMPLETE ADDRESS], hereinafter referred to as “Party 1”; and
[PARTY 2 FULL NAME], residing at [COMPLETE ADDRESS], hereinafter referred to as “Party 2”.

Party 1 and Party 2 are contemplating legal marriage under the laws of the State/Province of [STATE/PROVINCE] and wish to establish their respective rights and responsibilities regarding each other’s income and property and the income and property that may be acquired, either separately or together, during the marriage.

With respect to the mutual promises and covenants contained herein, the parties agree as follows:

DISCLOSURE OF ASSETS AND LIABILITIES

Each party acknowledges that they have made a full and fair disclosure of their assets, liabilities, income, and financial obligations prior to the execution of this Agreement. The disclosures are attached hereto as Exhibit A (Party 1) and Exhibit B (Party 2), and each party acknowledges receipt and review of the same.

SEPARATE PROPERTY

The following property shall remain the separate property of each party and shall not be subject to division upon divorce or dissolution of marriage:

  • Party 1’s Separate Property: [LIST ASSETS]

  • Party 2’s Separate Property: [LIST ASSETS]

Any property acquired individually by either party through gift, inheritance, or personal funds during the marriage shall also be deemed separate property unless explicitly titled jointly.

MARITAL PROPERTY

The parties agree that all property acquired jointly during the marriage through joint funds or titled jointly shall be considered marital property and subject to equitable division upon dissolution of marriage.

The parties may, during their marriage, change the character of any property by executing a written agreement expressly stating such intent.

SPOUSAL SUPPORT / ALIMONY

In the event of separation or divorce, the parties agree that:

[Choose one of the options below or customize as needed]

  • No Spousal Support: Neither party shall be entitled to spousal support or maintenance.

  • Limited Spousal Support: Spousal support, if any, shall be limited to [SPECIFY AMOUNT, DURATION, OR CONDITIONS].

  • To Be Determined: Spousal support shall be determined in accordance with the applicable laws of the jurisdiction at the time of divorce.

DEBTS AND LIABILITIES

Each party shall remain individually responsible for any debts incurred in their name before or during the marriage unless jointly agreed otherwise in writing.

Joint debts shall be shared equally unless a different ratio is mutually agreed upon and documented.

ESTATE RIGHTS AND INHERITANCE

This Agreement shall not limit or waive either party’s rights to inherit from the other unless specified. The parties are encouraged to create or update wills and estate planning documents to reflect their mutual intentions.

Each party waives any elective share, community property rights, or other statutory rights to the other’s estate except as otherwise stated herein or in a valid testamentary instrument.

BUSINESS INTERESTS

Any current or future business interests owned by either party shall remain their separate property, and the non-owner party shall have no claim to such business or its earnings, unless otherwise agreed in writing.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State/Province of [STATE/PROVINCE], without regard to conflict of law principles.

AMENDMENT AND REVOCATION

This Agreement may only be amended or revoked by a written agreement signed by both parties. Oral modifications shall have no legal effect.

ACKNOWLEDGMENT AND VOLUNTARY EXECUTION

Each party acknowledges that:

  • They have read and fully understood the terms of this Agreement.

  • They are entering into this Agreement voluntarily and without any undue influence or coercion.

  • They have been advised and given the opportunity to seek independent legal counsel prior to signing.

ENTIRE AGREEMENT

This Agreement constitutes the entire understanding between the parties and supersedes any prior written or oral agreements.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

PARTY 1
Signature: ________________________
Name: [FULL NAME]
Date: ________________________

PARTY 2
Signature: ________________________
Name: [FULL NAME]
Date: ________________________


Need a Custom Pre-Nup?

Every relationship is unique. Whether you’re a high-net-worth individual, a business owner, or simply want to ensure clarity and fairness in your marriage, My Legal Pal can help.

Our legal experts specialize in drafting tailored, enforceable, and state-compliant Pre-Nuptial Agreements to protect your interests and peace of mind. Reach out to us today for a confidential consultation.

contact us

Our Contract Services

See all