Family and Personal

Prenuptial Agreement

Agree on property and finances before the wedding, while the conversation is easy.

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Template reviewed and updated on August 17, 2026

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The future spouses

First party's full name *

Second party's full name *

First party's street address *

City *

State *

ZIP code *

Second party's street address *

City *

State *

ZIP code *

Planned wedding date *

Why do we ask?

The agreement only becomes effective upon the marriage; the planned date shows it was signed in advance, which courts examine when weighing voluntariness.

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[First party's street address][City], AL [ZIP code]

[Second party's full name][Second party's street address][City], AL [ZIP code]

[Today's date]

Re: Prenuptial Agreement between [First party's full name] and [Second party's full name]

This Prenuptial Agreement (the "Agreement") is made between [First party's full name], residing at [First party's street address], [City], AL [ZIP code], and [Second party's full name], residing at [Second party's street address], [City], AL [ZIP code], who intend to marry on or about [Planned wedding date]. This Agreement becomes effective upon their marriage and is made in consideration of the marriage.

Full disclosure. Each party has made a fair and reasonable disclosure of their property, debts, and income to the other, as summarized in this Agreement, and each party has had the opportunity to ask questions and request documentation. Each party enters this Agreement voluntarily, without coercion or duress, and has had the opportunity to consult independent legal counsel of their own choosing.

Separate property of [First party's full name]. The following property, together with its appreciation, income, and proceeds, remains the separate property of [First party's full name]: [First party's separate property]

Separate property of [Second party's full name]. The following property, together with its appreciation, income, and proceeds, remains the separate property of [Second party's full name]: [Second party's separate property]

Gifts and inheritances. Property received by either party during the marriage by gift or inheritance remains that party's separate property, together with its appreciation, income, and proceeds, unless expressly retitled in joint names.

Premarital debts. Each party remains solely responsible for the debts and liabilities they incurred before the marriage, and neither party's separate property shall be reachable for the other's premarital debts.

Marital property. Except as otherwise provided in this Agreement, property acquired by either party during the marriage shall be marital property owned equally by the parties, regardless of which party earned or acquired it or how it is titled.

Spousal support. In the event of divorce or legal separation, each party knowingly and voluntarily waives any claim to spousal support, alimony, or maintenance from the other, to the maximum extent permitted by law. The parties acknowledge that a court may decline to enforce this waiver where enforcement would be unconscionable or would leave a party eligible for public assistance.

Additional terms. [Additional terms (optional)]

Children. Nothing in this Agreement limits or determines child custody, parenting time, or child support for any children of the parties. Those matters remain governed by the law and the courts at the relevant time.

Estate rights. Except as provided in this Agreement, each party retains the right to make gifts or bequests to the other by will or trust. This Agreement does not by itself waive rights either party voluntarily confers by estate planning documents.

General provisions. This Agreement contains the entire understanding of the parties and may be amended or revoked only by a signed written agreement. If any provision is held unenforceable, the remainder continues in effect. This Agreement is governed by the laws of the State of Alabama.

Execution. Both parties should sign before a notary public, on separate days from the wedding and well in advance of it. Each party should sign two originals, one for each. Independent counsel for each party is strongly recommended and, for some waivers in some states, effectively required for enforceability.

Signature[First party's full name] and [Second party's full name]

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A prenuptial agreement is a contract two people sign before marrying that settles, in advance, how property and debts will be treated during the marriage and divided if it ends. Far from planning for failure, it is the one financial conversation every couple benefits from having while things are calm.

This template covers the core of every prenup: each party's separate property, premarital debts, marital property rules, and spousal support. Download it in Word and PDF, then sign it before a notary well ahead of the wedding.

What a prenup can and cannot decide

A prenup can classify property as separate or marital, protect a business or family assets, allocate premarital debts, and address spousal support. It cannot decide child custody or child support: those belong to the court based on the child's best interests at the time. It also cannot encourage divorce, impose personal conduct rules with financial penalties in most states, or leave one spouse destitute while the other prospers.

Typical protections: a business you built, a home you already own, expected inheritances, retirement savings, and separation from a partner's student loans.
Off limits: child custody, child support, and terms a court would find unconscionable.

What makes a prenup enforceable

Most states follow the Uniform Premarital Agreement Act, and courts test prenups on the same themes everywhere: voluntary signature, fair and reasonable financial disclosure, no unconscionable terms, and time to reflect. The classic failure cases are a prenup presented days before the wedding, hidden assets, or a spouse who never saw a lawyer signing away everything. Sign months in advance, disclose fully, keep the terms reasonable, and have each party consult independent counsel: those four habits win nearly every enforceability fight before it starts.

Independent counsel is the strongest safeguard

A few states, including California for spousal support waivers, effectively require each party to have their own attorney for certain terms to be enforceable. Even where optional, separate counsel for each party is the single best investment in the agreement's durability.

The right way to do it: timeline and signing

Start the conversation early, ideally when the engagement begins. Exchange complete financial summaries: assets, debts, and income, with statements to back them up. Negotiate terms both of you consider fair, then sign before a notary at least 30 days before the wedding, with each party keeping an original. Revisit the agreement after major changes: children, a business sale, or a move to another state, where a postnuptial amendment can update the terms.

Frequently asked questions

When should we sign the prenup before the wedding?

As early as possible, and at least 30 days before the ceremony. Last-minute signatures are the most common reason courts find duress and refuse enforcement. California builds in a mandatory seven-day review period; good practice everywhere is far longer.

Do we each need our own lawyer?

It is strongly recommended, and for certain waivers in some states, practically required. One lawyer cannot represent both of you: independent review for each party is what proves the agreement was understood and voluntary.

Can a prenup decide who gets custody of our children?

No. Custody and child support are always decided by the court based on the child's best interests at the time of separation. Any prenup clause on those subjects is void.

Is a prenup valid if we move to another state?

Generally yes: states enforce agreements valid where signed, and this template includes a governing law clause. A significant move is still a good moment to review the terms, since community property and equitable distribution states treat marital property differently.

What happens if we never divorce?

Then the prenup mostly stays in the drawer. Its property classifications can still matter at death, interacting with wills and elective share rights, and its debt provisions protect each spouse from the other's creditors throughout the marriage.

You may also need these documents

Family and PersonalPostnuptial AgreementAn agreement between spouses made during the marriage that classifies property, allocates debts, and sets support terms if the marriage ends.Family and PersonalCohabitation AgreementAn agreement for unmarried partners living together that sets property ownership, expense sharing, and what happens to the home and belongings if you separate.Family and PersonalMarital Separation AgreementAn agreement between separating spouses that divides property and debts, addresses spousal support, and records the parenting arrangement pending or instead of divorce.Estate PlanningLast Will and TestamentA simple will naming your executor, a guardian for minor children, specific gifts, and who inherits the rest of your estate.

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