What Is a Prenup? Guide, Benefits & Free Sample Template

A prenuptial agreement, commonly known as a "prenup," is a legal contract signed by a couple before they get married. It outlines how their assets, debts, and financial responsibilities will be managed during the marriage and in the event of a divorce or death.

Why Consider a Prenup?

Contrary to popular belief, prenups aren’t just for the rich. They provide financial clarity and peace of mind for couples of all income levels.

Common Reasons to Get a Prenup:

• Protect premarital assets (like homes, savings, businesses)

• Define debt ownership and financial obligations

• Clarify rights to spousal support

• Safeguard family inheritances or personal heirlooms

• Avoid lengthy legal disputes if the marriage ends

Key Elements of a Prenuptial Agreement

A typical prenup includes:

• Full disclosure of each party’s assets and debts

• Property ownership: What remains separate vs. marital property

• Division of assets in the event of divorce

• Spousal support or waiving of it

• Estate rights and inheritance clauses

• Dispute resolution method (e.g., mediation)

How to Create a Prenup

1. Start Early: Begin the conversation well before the wedding date.

2. Be Transparent: Both parties must fully disclose their finances.

3. Hire Separate Attorneys: To ensure fairness, each party should have their own legal counsel.

4. Discuss Key Terms Together: Talk about what matters to each of you.

5. Finalize & Notarize: Once drafted, sign the agreement in front of a notary.

Sample Prenuptial Agreement Template

Prenuptial Agreement This Agreement is made on [Date], between:
[Party 1 Full Name], residing at [Address], and
[Party 2 Full Name], residing at [Address]. Purpose
The parties intend to marry on [Wedding Date]. This agreement sets forth their rights and obligations regarding property, debts, and other matters. Assets and Debts
Each party has fully disclosed their financial information. Attached as Exhibit A & B are lists of each party's current assets and debts. Property
The following shall remain separate property: [List of Property].
Joint property shall be defined as: [Terms]. Spousal Support
[Terms of alimony/spousal support or waiver.] Inheritance
[Terms regarding estate planning, inheritance, etc.] Amendments
Any modifications to this agreement must be in writing and signed by both parties. Signed: [Party 1 Name] [Party 2 Name] Date: __

Prenuptial Agreement Example

Prenuptial Agreement This Agreement is made on March 25, 2024, between: Alex Johnson, residing at 123 Elm Street, San Francisco, CA 94107, and
Taylor Morgan, residing at 456 Oak Avenue, Los Angeles, CA 90017. Purpose
The parties intend to marry on June 15, 2024. This agreement sets forth their rights and obligations regarding property, debts, and other matters. Assets and Debts
Each party has fully disclosed their financial information. Attached as Exhibit A & B are lists of each party's current assets and debts. Property
The following shall remain separate property: Alex's personal savings account Taylor’s real estate property located at 456 Oak Avenue Joint property shall be defined as any assets or income acquired during the marriage unless otherwise stated. Spousal Support
In the event of a divorce, both parties agree to waive any right to spousal support. Inheritance
Each party retains the right to distribute their estate through a personal will. This agreement does not override existing or future wills unless expressly stated. Amendments
Any modifications to this agreement must be in writing and signed by both parties. Signed: Alex Johnson Taylor Morgan Date: March 25, 2024

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With Plox, securely share your prenup and:

• Get notified when your partner opens it

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• Add password protection or expiration dates

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Final Thoughts

Prenups are a smart way to start your marriage on a foundation of trust, transparency, and preparation. Whether you're protecting personal assets or just clarifying roles and responsibilities, a well-crafted prenuptial agreement can save stress in the long run.