Prenup Example: How To Draft One Correctly (2026)

What Is a Prenuptial Agreement?

A prenuptial agreement, or premarital agreement, is a legally binding contract that a couple signs before getting married. It defines how assets, property and debts will be divided if a divorce occurs. Typically, you would write a prenuptial agreement to protect your assets and business interests.

What Should Be Included in a Prenup?

A prenup should provide detailed information regarding asset division. It needs to outline what property belongs to each individual so that it remains separate property. You’ll also want to mention how assets that are acquired during the marriage will be split.

Prenups often state that each person is responsible for their own debts, while also outlining how future debts will be managed. For this reason, a prenup typically requires a full disclosure of each party’s financial situation.

The prenup should also address spousal support. This means stating whether alimony will be capped, waived or structured in a particular manner. There should be provisions for any existing children, too.

Why Couples Choose to Sign a Prenup

Couples choose to sign prenups to protect their assets, manage debts and clarify financial responsibilities during and after the marriage. If there are children from previous relationships, a prenup can be the best way of protecting them, too.

Sample Prenuptial Agreement Scenario

Consider this prenup example: A woman runs an international business, owns a home and has a substantial income. She’s getting ready to marry a man who is an artist and makes a moderate income. A proper prenup would ensure that her home remains hers and that her future husband has no stake on her business or her income if they divorce.

Additional Clauses and State Variations

Prenups can have sunset clauses, which would cause the document to expire after a certain number of years or after an event occurs. There could be infidelity clauses, too, that reduce or eliminate alimony and other financial compensation if a spouse steps outside the marriage.

Additionally, prenups tend to vary from one state to the next. Some states have different financial disclosure requirements, and certain states will review a prenup to see if it was grossly unfair. The court may act to rectify that unfairness if a divorce occurs. Prenups may also lapse in certain states after the birth of a child.

Common Mistakes to Avoid When Drafting

A common mistake is not to fully disclose your financial status. Other issues can be:

• Waiting until the last minute to draft the prenup
• Not having independent legal counsel
• Using vague language
• Failing to address inheritances

You should always have an attorney looking over any legal documents before signing them.

Keep Your Assets Safe With a Prenup

If you’re getting married, the right prenup can protect your assets in the event of a divorce. At ConsumerShield, we offer assistance with creating these documents. Explore our forms and guides to start safeguarding your future today.