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An antenuptial agreement, or prenup, is a premarital contract between future spouses. This free prenuptial agreement template sets out property, debts and support terms, ready to download or fill online. Couples need it most when bringing property, debts or children into the marriage.
In Texas and California, a premarital agreement must be in writing and signed by both parties (Tex. Fam. Code § 4.002; Cal. Fam. Code § 1611). It becomes effective on marriage, not on the day you sign (Tex. Fam. Code § 4.004; Cal. Fam. Code § 1613). The right of a child to support may not be adversely affected by a premarital agreement (Tex. Fam. Code § 4.003; Cal. Fam. Code § 1612).
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This document goes by four names: prenuptial agreement, premarital agreement, antenuptial agreement, or simply a prenup. They all mean the same contract, signed before the wedding by the future spouses. California's statute calls it a premarital agreement (Cal. Fam. Code § 1610), and Georgia's calls it an antenuptial agreement (O.C.G.A. § 19-3-62). The prenuptial agreement template on this page uses the term prenuptial agreement throughout.
The free prenuptial agreement template gives a couple a complete draft to adapt: the parties, the effective date, separate and marital property, debts, spousal support, inheritance, and signature lines. You can download it as PDF, Word (.docx) or OpenDocument (.odt), or build it online by answering questions about your situation.
A blank form is a starting point, not a finished contract. Each of you fills in your own details, lists your assets in full, and decides every term together before anyone signs.
The template includes these parts:
A template for your own jurisdiction fits its signing rules more closely. For example, the California prenup template and the Texas prenup template follow the formalities of those codes, and the list of templates above the contents links the rest.
A prenuptial agreement is useful whenever either partner brings something into the marriage that they want handled on agreed terms: a business, savings, a home, debts, or children from an earlier relationship. It is not only for the wealthy. The most common reasons are these.
A partner who owns a share of a family business, a house, or retirement savings can list it as separate property. The agreement then sets out how it is treated if the marriage ends or a spouse dies. This also fits a partner who plans to start a business after the wedding.
The agreement names which assets stay separate and which become shared once you marry. Writing that down ahead of time spares both of you an argument over every account and vehicle later.
A parent who remarries often wants part of their property to go to children from an earlier relationship. A prenup can set that out alongside a will, so the plan for the children does not rest on a single document.
A partner sometimes steps back from a career to raise children or support the other spouse's work. The agreement can set spousal support terms that reflect that choice, so the partner at home is not left without means after a separation.
A partner may bring student loans, credit card balances or business debt into the marriage. The agreement can set which spouse carries each debt between the two of you, both debts brought in and those taken on later. It does not by itself bind creditors. In Louisiana, the spouses may not limit with respect to third persons the right of one spouse alone to obligate the community (La. Civ. Code art. 2330). If the contract is not recorded in Massachusetts, it is void except as between the parties and their heirs and personal representatives (M.G.L. c. 209, § 26). In Missouri, until it is deposited for record, the contract affects property only between the parties and those with actual notice of it (Mo. Rev. Stat. § 451.240).
A prenuptial agreement covers who owns what, who owes what, and what happens to property and support if the marriage ends or a spouse dies. In California, the parties may contract on the rights and obligations of each of them in any of the property of either or both of them, whenever and wherever acquired or located (Cal. Fam. Code § 1612). Consider each of the following provisions before you draft.
Property terms are the core of the agreement. Your agreement should define each category in plain words:
A Texas premarital agreement may cover the rights and obligations of each party in any of the property of either or both of them, whenever and wherever acquired or located, and the disposition of property on separation, dissolution or death (Tex. Fam. Code § 4.003). Name each asset clearly enough that a stranger could tell it apart from the rest.
Debt is the other half of the property question, and the part couples most often leave out. Each spouse lists what they owe in full, then the agreement says who carries each debt. You can share marital debts or leave each spouse responsible for their own, including debts taken on during the marriage.
A premarital agreement in Texas or Arizona may provide for the modification or elimination of spousal support (Tex. Fam. Code § 4.003; Ariz. Rev. Stat. § 25-203). New Mexico differs: there, a premarital agreement may not adversely affect the right of a child or spouse to support (N.M. Stat. Ann. § 40-3A-4). In California, any spousal support provision, including a waiver of it, is not enforceable if the party it is enforced against was not represented by independent counsel when the agreement was signed, or if the provision is unconscionable at the time of enforcement (Cal. Fam. Code § 1612). In Florida, if modifying or eliminating spousal support makes a party eligible for public assistance at separation or dissolution, a court may require support despite the agreement's terms (Fla. Stat. § 61.079).
The agreement can protect what children from an earlier marriage inherit and say how each spouse's property passes at death. California lets the parties contract on the making of a will, trust, or other arrangement, and on the ownership and disposition of the death benefit from a life insurance policy (Cal. Fam. Code § 1612). Keep your will consistent with the prenup so they do not pull in different directions.
Couples who move often name the jurisdiction whose rules will be used to read the agreement. The choice of law governing the construction of the agreement is a permitted term in California (Cal. Fam. Code § 1612) and Texas (Tex. Fam. Code § 4.003).
A prenup cannot cut a child's right to support (Cal. Fam. Code § 1612; N.D.C.C. § 14-03.2-09). In Colorado and West Virginia, a term on custodial responsibility is not binding on the court (Colo. Rev. Stat. § 14-2-310; W. Va. Code § 48-1A-701). Terms in violation of public policy are also out (Cal. Fam. Code § 1612). Leave these out of your draft:
The right of a child to support may not be adversely affected by a premarital agreement (Ariz. Rev. Stat. § 25-203). A term on custodial responsibility is not binding on the court in Colorado or West Virginia (Colo. Rev. Stat. § 14-2-310; W. Va. Code § 48-1A-701). In Connecticut, any provision on the care, custody and visitation of a child is subject to judicial review and modification (Conn. Gen. Stat. § 46b-36d). You can still write down how you hope to share parenting time, as long as both of you understand it is a plan and not a binding order.
California allows terms only if they are not in violation of public policy or a statute imposing a criminal penalty (Cal. Fam. Code § 1612). In North Dakota, a term is not enforceable if it changes the grounds for a court-decreed separation or dissolution, or penalizes a party for starting that proceeding (N.D.C.C. § 14-03.2-09). In New Mexico, a premarital agreement may not adversely affect the right of a child or spouse to support, a party's right to child custody or visitation, a party's choice of abode or a party's freedom to pursue career opportunities (N.M. Stat. Ann. § 40-3A-4).
Chores, visits to relatives and similar personal duties are poor terms for a prenup. They are hard to measure, they invite disputes, and they distract from the property and support terms that matter. Talk them through as a couple instead of putting them in the contract.
A prenup cannot settle child support. The right of a child to support may not be adversely affected by a premarital agreement, even when both parents agreed to the term (Tex. Fam. Code § 4.003).
Preparing for a prenuptial agreement means talking early, getting separate advice, and disclosing every asset and debt before anything is drafted. Each step below protects the agreement later, because a rushed or lopsided prenup is the easiest kind to challenge.
Start with an honest talk, well before the wedding. It is often the hardest part, because money and the thought of a breakup touch feelings. Treat it as planning together, and agree on why each of you wants the prenup before you talk about terms.
Time also matters on paper. In California, only for agreements executed on or after January 1, 2020, the party it is enforced against must have had at least seven calendar days between first being presented with the final agreement and signing it (Cal. Fam. Code § 1615). In Minnesota, an agreement signed at least seven days before the marriage is presumed enforceable (Minn. Stat. § 519.11).
Each partner should have their own attorney, independent of the other side. Separate advice lets each attorney speak for their own client only. In California, a party without independent counsel must have expressly waived it in a separate writing after being advised to seek counsel (Cal. Fam. Code § 1615). A West Virginia agreement must contain an acknowledgment that both parties have had an opportunity to consult with separate legal counsel (W. Va. Code § 48-1A-201).
Disclose all real estate, accounts, retirement savings, business interests, income and debts. Hiding an asset is the surest way to put the agreement at risk. In Kansas, an agreement that was unconscionable when executed is not enforceable against a party to whom all of the following applied before execution: no fair and reasonable disclosure of the other's property or financial obligations, no voluntary and express written waiver of further disclosure, and no adequate knowledge, actual or reasonably possible, of the other's property or financial obligations (Kan. Stat. Ann. § 23-2407(a)(2)(A); Kan. Stat. Ann. § 23-2407(a)(2)(B); Kan. Stat. Ann. § 23-2407(a)(2)(C)). New Jersey requires a statement of assets annexed to the agreement (N.J.S.A. 37:2-33).
Work through property, debts, support and inheritance in detail before the attorneys draft. Write down what you agree on, and where you disagree, decide whether a term is worth keeping at all. A short, clear agreement both of you understand is better than a long agreement neither of you has read closely.
Signing formalities differ by jurisdiction. Georgia requires attestation by at least two witnesses, one of whom shall be a notary public (O.C.G.A. § 19-3-62), while Texas requires only a writing signed by both parties (Tex. Fam. Code § 4.002). Find your own rule in the signing table below before the signing day.
To fill out a prenuptial agreement template, enter the dates and parties, write the agreed terms, attach the asset schedules, and sign under your own jurisdiction's formalities. Work through the form in this order:
Keep a signed original for each spouse with the exhibits attached, and store it with your will and other important papers.
A prenuptial agreement example shows how the template's blanks read once filled in. The clauses below use made-up names and amounts to show the wording; replace every detail with your own.
Example only, with made-up details.
Parties. This Prenuptial Agreement is made on May 2, 2027, between Jordan Lee of Austin and Sam Rivera of Austin, who plan to marry on June 12, 2027.
Effective date. This Agreement takes effect on the date of the parties' marriage.
Separate property. Jordan's separate property includes the house at 14 Oak Lane and the savings account listed in Exhibit A. Sam's separate property includes a 40% share of Rivera Design LLC and the items listed in Exhibit B.
Debts. Each party remains solely responsible for debts in their own name, including Sam's student loan of $18,500 listed in Exhibit B.
Spousal support. If the marriage ends after 10 years or more, Jordan will pay Sam $2,000 a month for 24 months.
Disclosure. Each party has received the other's financial statement in Exhibits A and B and had time to review it with their own attorney.
The template on this page contains the full set of clauses, including inheritance, amendment and signature terms.
How you sign a prenup depends on where you sign it: Texas needs only a writing signed by both parties (Tex. Fam. Code § 4.002), while Georgia adds two witnesses, one of them a notary (O.C.G.A. § 19-3-62). The table lists the writing, signature and any other formality in the statute cited for each jurisdiction. North Carolina and Pennsylvania are left out: the sources behind this page hold no signing rule for them. Where a row names only "the party to be charged", the statute asks for the signature of the party the agreement is enforced against; signatures of both parties are still the safer practice.
| State | Writing and signatures | Other formalities | Citation |
| Alabama (AL) | In writing and signed by the party to be charged | None named | Ala. Code § 8-9-2(4) |
| Alaska (AK) | The agreement, or a note or memorandum of it, in writing and signed by the party to be charged | None named | AS 09.25.010(a)(5) |
| Arizona (AZ) | In writing and signed by both parties | None named | Ariz. Rev. Stat. § 25-202 |
| Arkansas (AR) | In writing, signed and acknowledged by both parties | Acknowledged in one of four ways: before an authorized public officer; by a sworn affirmation of each party's attorney; signed before a notary with a statement by the parties; or witnessed by two disinterested individuals | Ark. Code Ann. § 9-11-402 |
| California (CA) | In writing and signed by both parties | For agreements signed on or after January 1, 2020: at least seven calendar days between first seeing the final agreement and signing it | Cal. Fam. Code § 1611; Cal. Fam. Code § 1615 |
| Colorado (CO) | In a record and signed by both parties | None named | Colo. Rev. Stat. § 14-2-306 |
| Connecticut (CT) | In writing and signed by both parties | None named | Conn. Gen. Stat. § 46b-36c |
| Delaware (DE) | In writing and signed by both parties | None named | 13 Del. C. § 322 |
| District of Columbia (DC) | In writing and signed by both parties | None named | D.C. Code § 46-502 |
| Florida (FL) | In writing and signed by both parties | None named | Fla. Stat. § 61.079 |
| Georgia (GA) | In writing and signed by both parties who agree to be bound | Attested by at least two witnesses, one of whom is a notary public | O.C.G.A. § 19-3-62 |
| Hawaii (HI) | In writing and signed by both parties | None named | Haw. Rev. Stat. § 572D-2 |
| Idaho (ID) | In writing and signed by both parties | Executed and acknowledged or proved as provided in sections 32-917 through 32-919 | Idaho Code § 32-922 |
| Illinois (IL) | In writing and signed by both parties | None named | 750 ILCS 10/3 |
| Indiana (IN) | In writing and signed by both parties | None named | Ind. Code § 31-11-3-4 |
| Iowa (IA) | In writing and signed by both prospective spouses | None named | Iowa Code § 596.4 |
| Kansas (KS) | In writing and signed by both parties | None named | Kan. Stat. Ann. § 23-2403 |
| Kentucky (KY) | In writing | None named | Ky. Rev. Stat. § 371.010(5) |
| Louisiana (LA) | Made by authentic act, or by an act under private signature duly acknowledged by the spouses | As in the writing column | La. Civ. Code art. 2331 |
| Maine (ME) | In writing and signed by both parties | None named | 19-A M.R.S. § 603 |
| Maryland (MD) | In writing and signed by the party to be charged or a person lawfully authorized by that party | None named | Md. Code, Cts. & Jud. Proc. § 5-901 |
| Massachusetts (MA) | A written contract made before marriage, with a schedule of the property it covers | Contract and schedule recorded in the registry of deeds before the marriage or within ninety days after; if not recorded, void except between the parties and their heirs and personal representatives | M.G.L. c. 209, § 25; M.G.L. c. 209, § 26 |
| Michigan (MI) | The agreement, or a note or memorandum of it, in writing and signed with an authorized signature by the party to be charged | None named | Mich. Comp. Laws § 566.132(1)(c) |
| Minnesota (MN) | In writing, executed in the presence of two witnesses, and acknowledged by the parties before a person authorized to administer an oath | Full and fair disclosure of income and property; signed at least seven days before the marriage to be presumed enforceable | Minn. Stat. § 519.11 |
| Mississippi (MS) | In writing and signed by the party to be charged | None named | Miss. Code Ann. § 15-3-1(b) |
| Missouri (MO) | In writing | Acknowledged by each party or proved by subscribing witnesses; recorded in the recorder's office of each county where any of the property lies; until recorded, valid only between the parties and those with actual notice | Mo. Rev. Stat. § 451.220; Mo. Rev. Stat. § 451.230; Mo. Rev. Stat. § 451.240 |
| Montana (MT) | In writing and signed by both parties | None named | Mont. Code Ann. § 40-2-604 |
| Nebraska (NE) | In writing and signed by both parties | None named | Neb. Rev. Stat. § 42-1003 |
| Nevada (NV) | In writing and signed by both parties | None named | Nev. Rev. Stat. § 123A.040 |
| New Hampshire (NH) | A written interspousal contract | None named | RSA 460:2-a |
| New Jersey (NJ) | In writing, with a statement of assets annexed, and signed by both parties | None named | N.J.S.A. 37:2-33 |
| New Mexico (NM) | In writing and signed by both parties | Acknowledged | N.M. Stat. Ann. § 40-3A-3 |
| New York (NY) | In writing and subscribed by the parties | Acknowledged or proven in the manner required to entitle a deed to be recorded; before marriage, the acknowledgment may be taken by any person authorized to solemnize a marriage | N.Y. Dom. Rel. Law § 236(B)(3) |
| North Dakota (ND) | In a record and signed by both parties | None named | N.D.C.C. § 14-03.2-05 |
| Ohio (OH) | In writing and signed by the party to be charged | None named | Ohio Rev. Code § 1335.05 |
| Oklahoma (OK) | The agreement, or a note or memorandum of it, in writing and subscribed by the party to be charged or that party's agent | None named | Okla. Stat. tit. 15, § 136 |
| Oregon (OR) | In writing and signed by both parties | None named | Or. Rev. Stat. § 108.705 |
| Rhode Island (RI) | In writing and signed by both parties | None named | R.I. Gen. Laws § 15-17-2 |
| South Carolina (SC) | To keep property out of marital property: a written contract | The agreement is presumed fair and equitable only if voluntarily executed with both parties separately represented by counsel and with full financial disclosure to each other of income, debts and assets, as mandated by the rules of the family court | S.C. Code Ann. § 20-3-630(A)(4) |
| South Dakota (SD) | In writing and signed by both parties | None named | SDCL 25-2-17 |
| Tennessee (TN) | In writing and signed by the party to be charged | None named | Tenn. Code Ann. § 29-2-101(a)(3) |
| Texas (TX) | In writing and signed by both parties | None named | Tex. Fam. Code § 4.002 |
| Utah (UT) | In writing and signed by both parties | None named | Utah Code § 81-3-202 |
| Vermont (VT) | In writing and signed by the party to be charged | None named | 12 V.S.A. § 181(3) |
| Virginia (VA) | In writing and signed by both parties | None named | Va. Code § 20-149 |
| Washington (WA) | The agreement, or a note or memorandum of it, in writing and signed by the party to be charged or a person lawfully authorized by that party | None named | RCW 19.36.010 |
| West Virginia (WV) | In writing and signed by both parties | Contains an acknowledgment that both parties have had an opportunity to consult with separate legal counsel | W. Va. Code § 48-1A-201 |
| Wisconsin (WI) | A document signed by both spouses | May be recorded in the county register of deeds office | Wis. Stat. § 766.58 |
| Wyoming (WY) | The agreement, or a note or memorandum of it, in writing and subscribed by the party to be charged | None named | Wyo. Stat. § 1-23-105(a)(iii) |
Read the full text of the premarital agreement sections for California, Texas, Minnesota, New York and Massachusetts.
A prenup can be set aside when a party did not sign it voluntarily (Tex. Fam. Code § 4.006), or when it was unconscionable and several disclosure conditions all applied to that party (Kan. Stat. Ann. § 23-2407(a)(2)(A); Kan. Stat. Ann. § 23-2407(a)(2)(B); Kan. Stat. Ann. § 23-2407(a)(2)(C)). These are the grounds the statutes name:
Whether an agreement is unconscionable is decided by the court as a matter of law (Tex. Fam. Code § 4.006). In California, the time limit for a claim under the agreement is tolled during the marriage of the parties to the agreement (Cal. Fam. Code § 1617).
These are the questions couples ask most often before they sign. Each answer names the statute behind it, and your own jurisdiction may differ.
Yes, an antenuptial agreement is the same contract as a prenup, signed before the wedding. Georgia's code uses the term antenuptial agreement (O.C.G.A. § 19-3-62), while California's defines a premarital agreement as an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage (Cal. Fam. Code § 1610). The template on this page works for any of the names.
Yes, a couple can draft their own prenuptial agreement from a template and then have each side's attorney review it. Counsel affects enforcement in some places. In California, when the agreement is enforced against a party unrepresented by legal counsel, that party must have been fully informed of the terms and basic effect of the agreement and of the rights and obligations given up, and proficient in the language of that explanation and of the agreement (Cal. Fam. Code § 1615). In New Jersey, an agreement is not enforceable if the party seeking to set it aside proves, by clear and convincing evidence, that it was unconscionable because that party did not consult independent counsel and did not waive that opportunity in writing (N.J.S.A. 37:2-38).
An agreement signed after the wedding is a postnuptial agreement, or postnup, rather than a prenup. New York accepts an agreement made before or during the marriage if it is in writing, subscribed by the parties, and acknowledged or proven in the manner required to entitle a deed to be recorded (N.Y. Dom. Rel. Law § 236(B)(3)), and Louisiana lets spouses enter a matrimonial agreement before or during marriage on matters not prohibited by public policy (La. Civ. Code art. 2329). In Louisiana, an agreement during marriage that modifies or terminates the matrimonial regime needs a joint petition and a court finding that it serves their best interest, with exceptions such as the first year after moving into the state (La. Civ. Code art. 2329). In Minnesota, a postnuptial agreement is valid only if each spouse is represented by separate legal counsel at signing (Minn. Stat. § 519.11).
Yes, but after the wedding a premarital agreement may be amended or revoked only by a written agreement signed by the parties (Tex. Fam. Code § 4.005; Cal. Fam. Code § 1614). In Arizona, the amended agreement or the revocation is enforceable without consideration (Ariz. Rev. Stat. § 25-204). You can also build an end date into the original agreement with a sunset clause.
No, in Texas and California a premarital agreement is enforceable without consideration (Tex. Fam. Code § 4.002; Cal. Fam. Code § 1611). Neither partner has to pay or give up anything to make the agreement binding there.
Yes, where the statute covers it. New Jersey's rule applies to a premarital or pre-civil union agreement (N.J.S.A. 37:2-33), and Colorado lets parties to a civil union make an agreement on the same rights as a premarital agreement (Colo. Rev. Stat. § 14-2-303.5). In the District of Columbia, an agreement becomes effective upon marriage or the registration of a domestic partnership (D.C. Code § 46-504).
A prenuptial agreement settles property, debts and support if the marriage ends, while a conflict resolution agreement sets out how a couple will try to resolve disputes before considering divorce. The conflict resolution agreement does not address money at all. A prenup plans for a separation; a conflict resolution agreement tries to prevent it.
