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Free Prenuptial Agreement Template

A prenuptial agreement protects both partners by clearly defining how assets, debts, and property are handled before and during marriage. Fill in your details and create a structured prenuptial agreement in minutes.

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PRENUPTIAL AGREEMENT
Antenuptial Agreement — Governed By California Law
PARTY A — FIRST SPOUSE
Michael Torres
10 Lakeview Drive, Denver, CO 80201
PARTY B — SECOND SPOUSE
Emily Chen
25 Mountain Avenue, Denver, CO 80202
Scheduled Marriage: September 15, 2026
State of California
This Prenuptial Agreement (this "Agreement") is entered into by and between Michael Torres ("Party A") and Emily Chen ("Party B") (collectively, the "Parties"), in contemplation of their forthcoming marriage scheduled on September 15, 2026. This Agreement is made pursuant to the Uniform Premarital Agreement Act (UPAA), adopted by twenty-eight (28) or more U.S. jurisdictions, or the Uniform Premarital and Marital Agreements Act (UPMAA) in states that have adopted it, and/or the applicable statutes of the governing state (including, where applicable, Cal. Fam. Code §§ 1610-1617 or N.Y. Dom. Rel. Law § 236(B)(3)). To be enforceable, this Agreement must be in writing, signed by both Parties, entered into voluntarily, and executed upon a full and fair disclosure of assets and liabilities. This Agreement is intended to be effective upon solemnization of the marriage and to govern the respective rights and obligations of the Parties with respect to property, support, and financial matters in the event of dissolution of the marriage.
1.
SEPARATE PROPERTY
All property, assets, and accounts owned by each Party as of the date of marriage — including real property, bank and brokerage accounts, retirement accounts, business interests, intellectual property, and personal property — shall remain that Party's sole and separate property after marriage and shall not be subject to division, equitable distribution, or community property claims upon dissolution of the marriage. The Parties acknowledge that, with respect to any qualified retirement plan governed by the Employee Retirement Income Security Act of 1974 (ERISA), a non-participant spouse retains statutory rights to a qualified joint and survivor annuity and qualified pre-retirement survivor annuity under ERISA § 205 (29 U.S.C. § 1055), and such rights may only be waived after the marriage by a properly notarized or plan-administrator-witnessed spousal consent (26 C.F.R. § 1.401(a)-20, QandA-28). Any premarital waiver of ERISA-qualified-plan rights shall be confirmed by post-marriage spousal consent under the plan’s procedures. Income, wages, salaries, and other earnings received by each Party during the marriage shall likewise remain that Party's sole and separate property and shall not become marital property by virtue of the marriage alone.
2.
SPOUSAL SUPPORT AND ALIMONY
Each Party hereby waives and relinquishes any and all claims for spousal support, alimony, maintenance, or any other form of post-marital financial support from the other Party, whether temporary or permanent, in the event the marriage is dissolved for any reason. This waiver is subject to UPAA § 6(b) / UPMAA § 10: a court may decline to enforce a spousal-support waiver if enforcement would leave a Party eligible for public assistance, or if the provision is unconscionable at the time of enforcement. For federal tax purposes, any alimony or separate maintenance payments under divorce or separation instruments executed after December 31, 2018 are neither deductible by the payor nor includable in income of the recipient, pursuant to the Tax Cuts and Jobs Act (Pub. L. 115-97, amending IRC §§ 71, 215).
3.
DEBT ALLOCATION
(a) Pre-Marital Debts: All debts incurred by either Party prior to the date of marriage — including student loans, credit card balances, personal loans, and mortgages — shall remain the sole and separate obligation of the Party who incurred such debt. The other Party shall have no obligation or liability for any such pre-marital debt.

(b) Debts During Marriage: Any debt incurred by a Party in that Party's name alone during the marriage, without the written consent of the other Party, shall remain the sole obligation of the incurring Party. Debts jointly executed by both Parties shall be the joint responsibility of both Parties.
4.
FULL FINANCIAL DISCLOSURE
Each Party represents and warrants that they have provided a fair and reasonable disclosure of all material assets, liabilities, income, and financial obligations to the other Party prior to execution of this Agreement, as required for enforceability under UPAA § 6 and UPMAA § 9, and consistent with leading case law (see, e.g., In re Marriage of Bonds, 24 Cal. 4th 1 (2000); Simeone v. Simeone, 525 Pa. 392 (1990)). Complete disclosures are set forth in Schedule A (Michael Torres) and Schedule B (Emily Chen), attached hereto and incorporated by reference. Each Party acknowledges having had a fair opportunity to review the other Party's disclosures. A material omission or misrepresentation, or a showing that the Party against whom enforcement is sought did not execute the Agreement voluntarily, shall render this Agreement unenforceable under UPAA § 6(a).
5.
GOVERNING LAW, SEVERABILITY, AND ENTIRE AGREEMENT
This Agreement shall be governed by the laws of the State of California. If any provision is held invalid or unenforceable by a court of competent jurisdiction, it shall be modified to the minimum extent necessary to make it enforceable, and all remaining provisions shall remain in full force and effect. This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof and supersedes all prior agreements. Amendments require a written instrument signed by both Parties before a notary public.
INDEPENDENT COUNSEL ACKNOWLEDGMENT

Each Party acknowledges that: (i) they have read and fully understood this Agreement; (ii) they have had the full and meaningful opportunity to consult with independent legal counsel of their own choosing prior to signing; (iii) they are entering into this Agreement freely, voluntarily, and without coercion, duress, or undue influence of any kind; and (iv) they believe this Agreement to be fair and reasonable under the circumstances at the time of execution.
IN WITNESS WHEREOF, the Parties have executed this Prenuptial Agreement as of the date first written above, intending to be legally bound hereby.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date first written above.
PARTY A — FIRST SPOUSE
Michael Torres
Michael Torres
Date: ____________________
PARTY B — SECOND SPOUSE
Emily Chen
Emily Chen
Date: ____________________

What is a Prenuptial Agreement?

A prenuptial agreement, also called a prenup or premarital agreement, is a contract entered before marriage in the United States that specifies how a couple's assets and debts will be handled. It provides clarity, protects individual interests, and can reduce conflict if the American marriage ends.

Prenups benefit anyone entering marriage in the United States with significant assets, business interests, children from previous relationships, substantial debt, or unequal income levels. They are useful for U.S. couples who want to protect inheritances, control asset division, or clarify expectations about finances.

Many Americans believe prenups signal distrust or predict divorce. In reality, prenups are planning tools similar to insurance. They protect both partners by establishing clear expectations under U.S. law. Couples with prenups often have healthier financial communication and fewer disputes.

Prenups can address property division, debt allocation, spousal support, business interests, retirement accounts, and separate property in the United States. They cannot address child custody, child support, or personal decisions. American courts reserve custody matters based on the child's best interests.

What's Included in This Template

Our prenuptial agreement template includes all essential clauses for comprehensive financial protection:

Party Identification

Separate Property

Marital Property

Debt Allocation

Business Ownership

Alimony & Spousal Support

Financial Disclosure

Estate Integration

Sunset Clause

Infidelity Clause

Amendment Process

Signature & Notarization

How to Create Your Prenuptial Agreement

  1. 1

    Disclose All Assets and Debts

    Create a comprehensive list of all financial assets, liabilities, income sources, property, investments, and debts. Both partners must provide full financial disclosure to ensure the agreement is enforceable.

  2. 2

    Define Separate vs Marital Property

    Identify what property will remain separate and what will become marital property. Specify how property acquired during marriage will be treated and any special arrangements for inheritances or gifts.

  3. 3

    Address Spousal Support Terms

    Determine whether one partner will pay alimony, if any, and under what circumstances. Specify the amount, duration, and any conditions that would modify or eliminate spousal support obligations.

  4. 4

    Include Business and Inheritance Protections

    If either partner owns a business or expects an inheritance, specify how these will be handled. Ensure provisions protect family businesses and inherited assets from division.

  5. 5

    Sign Well Before Wedding with Independent Review

    Both partners should review the agreement with independent attorneys. Sign the prenup well in advance of the wedding to demonstrate voluntary agreement without pressure.

Legal Considerations

Creating an enforceable prenuptial agreement requires attention to specific legal principles and state requirements. Understanding these considerations helps ensure your agreement is valid and properly protects both partners.

This template is provided for informational purposes and does not constitute legal advice. For complex situations or if you are unsure about your specific case, consult a licensed attorney in your jurisdiction.

Reviewed by legal professionals. The content on this page and the template clauses have been reviewed by licensed attorneys in the United States to ensure accuracy and legal soundness for standard scenarios.

Full Financial Disclosure Required

Both U.S. partners must provide complete and honest financial disclosure. Hiding assets or debts can render the American agreement unenforceable. Courts require transparency to ensure both parties understood what they were agreeing to.

Timing Requirements

Sign the U.S. prenup well in advance of the wedding, ideally 30 to 90 days before. Signing too close to the American wedding date may suggest lack of voluntary agreement and courts may refuse to enforce it.

Independent Legal Counsel Recommendation

Each U.S. partner should consult with independent attorneys before signing. This demonstrates that both American parties understood their rights and made voluntary decisions. It also significantly increases enforceability.

Unenforceable Provisions

Certain provisions cannot be included in a prenup. Courts will not enforce clauses addressing child custody, child support, or personal decisions. Provisions that violate public policy may also be unenforceable.

State-Specific Requirements

Each U.S. state has unique requirements for prenuptial agreements. Some American states require notarization, specific language, or witness signatures. Failure to follow state requirements can make your agreement invalid under United States law.

Frequently Asked Questions

Ready to Create Your Prenuptial Agreement?

Download our U.S. template and fill in your information to create a comprehensive prenuptial agreement. Protect both American partners' interests and establish clear financial expectations.

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