Prenuptial Agreement — Plain-English Summary
Agreements between future spouses that define property rights, debt allocation, and financial terms in the event of divorce. Paste a prenuptial agreement below and get a plain-English summary of the five most common red flags, the clauses typically expected on a standard version, and notes on where state law often changes the picture — in about 30 seconds. Informational only — for anything binding, consult a licensed attorney in your state.
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Five red flags we see most often in a prenuptial agreement
None of these are automatically deal-breakers — context and negotiating leverage matter. But if you see one on a draft, it's worth pushing back or escalating to counsel.
- 1Sunset clauses that void the agreement after a set number of years
- 2Waiver of alimony or spousal support that may be unenforceable in your state
- 3Incomplete financial disclosure — prenups require full transparency to be valid
- 4Provisions about child custody or child support (typically unenforceable)
- 5One-sided terms with no independent counsel for each party
Three clauses you should expect on a fair prenuptial agreement
If any of these are missing or written vaguely, that alone is worth asking about.
- 1Full financial disclosure schedules for both parties
- 2Separate property vs. marital property definitions
- 3Provisions for what happens to property acquired during the marriage
State-specific variation on a prenuptial agreement
Prenup enforceability varies dramatically by state — some require independent counsel for both parties, some require notarization, and unconscionable terms are voidable everywhere. A family law attorney in your state is essential.
BeforeSigning is not legal advice and does not create an attorney-client relationship. For anything binding, consult a licensed attorney in your state.
Terms to know before you read a prenuptial agreement
Three terms that come up repeatedly in prenuptial agreement drafts. Knowing these is the difference between skimming past a real issue and catching it.
- Severability →
A severability clause says that if one part of a contract is found unenforceable, the rest of the contract still stands.
- Merger Clause →
A merger clause (or integration clause) states that the written contract is the complete and final agreement, overriding any prior discussions or side promises.
- Indemnification →
An indemnification clause shifts liability — one party agrees to cover losses, damages, or legal fees the other party incurs from specified events.