You Need a Premarital Agreement: How to Protect Your Assets and Strengthen Your Relationship Before Marriage

Planning a wedding is an exciting time filled with hope and celebration—but in the midst of flowers, rings, and venues, it’s also important to plan for the legal and financial side of marriage. One of the most valuable tools for doing that is a premarital agreement (also known as a prenuptial agreement or “prenup”).

Contrary to popular belief, prenups aren't just for the wealthy or cynical. In fact, a well-crafted premarital agreement can promote transparency, protect both partners, and even make the relationship stronger by encouraging honest discussions about money, expectations, and values.

Here’s a detailed guide on what a premarital agreement is, why you might need one, what it can cover, and how to create one that protects both you and your future spouse.

Step 1: Understand What a Premarital Agreement Is

A premarital agreement is a legal contract entered into by two people before they get married. It outlines how finances, property, and debts will be handled during the marriage and in the event of divorce, death, or separation.

A prenup typically includes:

• Identification of separate vs. marital property
• Rules for dividing assets and debts
• Terms regarding spousal support or alimony
• Provisions for inheritance or estate planning
• Agreements about financial responsibilities during marriage

Each state has its own laws governing prenups, so it’s essential that the document be valid and enforceable where you live.

Step 2: Know Why You Might Need a Prenup

Even if you’re not rich or famous, a prenup may be a smart decision. Here are common reasons to get one:

1. You Own Significant Property or Assets

If you own a home, a business, savings, or investments before marriage, a prenup can ensure those remain yours if the marriage ends.

2. You Have Children from a Previous Relationship

A prenup can help preserve assets for your children and clarify estate planning wishes.

3. You or Your Partner Has Debt

Protect yourself from being liable for your spouse’s student loans, credit card debt, or other liabilities acquired before or during the marriage.

4. You Expect a Future Inheritance

Even if you don’t have substantial wealth now, a prenup can shield an expected inheritance or family trust.

5. You Want to Clarify Financial Roles

A prenup can set expectations for who pays what, whether to maintain joint or separate accounts, and how to handle future purchases.

Step 3: Start the Conversation Early

Bringing up a prenup can feel awkward—but it doesn’t have to be. Think of it as financial planning for your future, not a sign of distrust.

Tips for discussing it:

• Be honest and open about why you want a prenup
• Emphasize that it protects both parties
• Frame it as a way to reduce stress and conflict later
• Pick a calm, private time to talk
• Be prepared for questions and concerns—and take time to listen

If handled with respect, the process can actually build trust and deepen your connection.

Step 4: Decide What the Prenup Should Cover

Every couple’s agreement is unique, but common clauses include:

• Property division in case of divorce
• Debt responsibility
• Spousal support (including waiving or limiting it)
• Rules around real estate, especially a home one of you already owns
• Provisions for business ownership or future income from a business
• Inheritance rights or estate planning goals

What it can’t include:

• Child custody or support terms—those are decided by courts based on the child’s best interest
• Anything illegal or unfairly one-sided
• Provisions that encourage divorce

It’s important that both parties voluntarily agree and that neither is coerced or misled.

Step 5: Disclose All Assets and Debts

For a prenup to be valid, both people must provide full financial disclosure. That means sharing:

• Income
• Bank accounts and investments
• Property and real estate
• Business interests
• Debts and liabilities

Hiding assets or lying about your finances can cause a judge to invalidate the agreement later.

You’ll each need to prepare a written financial statement and attach it to the prenup.

Step 6: Hire Independent Legal Counsel

Each person should have their own attorney to review the agreement and ensure it protects their interests. This helps ensure:

• The prenup is legally sound
• No one is being pressured or taken advantage of
• The agreement is more likely to hold up in court

While hiring two lawyers may feel expensive, it’s much cheaper than a future legal battle if things go wrong.

In some states, a prenup may be unenforceable if both parties didn’t have access to independent legal advice.

Step 7: Sign the Agreement Well Before the Wedding

Don’t wait until the week of your wedding to sign the prenup. Courts may view a last-minute agreement as coercive or signed under duress.

Best practices:

• Finalize and sign the prenup at least 30 days before the wedding
• Sign in front of a notary public
• Keep copies in a safe place
• Update the agreement later if your circumstances change significantly (this would be called a postnuptial agreement)

Step 8: Revisit the Agreement Over Time

As life evolves—especially after kids, career changes, or big purchases—your prenup may need to evolve too.

Some couples add:

• Sunset clauses that terminate the prenup after a certain number of years
• Updates to reflect new assets, businesses, or joint purchases
• Agreements to convert the prenup into a postnup with different terms

Always work with a lawyer when amending the document to ensure changes are enforceable.

Step 9: Debunk Common Myths

Let’s clear up a few common misconceptions:

Myth: A prenup means you’re planning to get divorced.
Truth: It’s insurance for your future—just like life insurance or a will.

Myth: Only wealthy people need prenups.
Truth: Anyone with assets, debt, or children should consider one.

Myth: It’s unromantic.
Truth: Transparency and honesty about money is a sign of trust—not mistrust.

Step 10: Focus on the Bigger Picture

The process of creating a prenup isn’t just about protecting assets—it’s a valuable opportunity to talk about your values, priorities, and shared goals as a couple.

By having these conversations up front, you’ll:

• Set clear expectations
• Avoid misunderstandings
• Reduce stress if tough times come later
• Show mutual respect for each other’s past and future

Approach the process not as a legal battle—but as a foundation for a strong partnership.

Final Thoughts

A premarital agreement is more than just a legal tool—it’s a thoughtful way to start your marriage on strong, transparent footing. Whether you have significant assets, children from a previous relationship, or just want clarity around money, a prenup allows you and your partner to plan for the future with eyes wide open.

When done right, a prenup doesn’t weaken a relationship—it strengthens it. It’s a contract not just for what happens if you part ways, but for how you’ll honor each other moving forward.

Don’t Be Afraid To Get Help

If you’re facing legal questions, safety concerns, or emotional turmoil due to any of the situations described above—especially domestic abuse—don’t try to handle it alone. Professional guidance can make all the difference in ensuring your rights are protected and your next steps are clear. Whether you need legal advice, help with documentation, or assistance navigating local resources, speaking to an expert can bring peace of mind. Click here to get connected with professional support tailored to your situation.