Valentine's Day proposals are coming. Flowers, ring, one knee, the whole thing. But here's the conversation nobody has over candlelight dinner: what happens to the house if this doesn't work out?
About 40% of marriage proposals happen between November and February. And yet almost none of those newly engaged couples have a prenuptial agreement in place before the wedding. Not because they don't want one, but because the average prenup costs $2,500 to $10,000 through a family law attorney. That's more than most people spend on the engagement ring.
Here's the thing: you don't necessarily need a lawyer to create a basic prenuptial agreement. A well-drafted template, honest financial disclosure between partners, and a legally binding signature are often enough. This guide gives you all three.
Why You Actually Need a Prenup (Even If You're Madly in Love)
Let's clear up the biggest misconception first. A prenuptial agreement is not a plan to get divorced. It's a financial plan that happens to cover the scenario where you split up. You have car insurance without planning to crash. Same logic.
You bring assets into the marriage. A house, savings, a business, an inheritance, stock options. Without a prenup, divorce laws in many jurisdictions will treat these as shared property. A prenup lets you define clearly what stays yours.
One or both of you have debt. Student loans, credit card debt, a business loan. A prenup can protect one partner from becoming responsible for the other's pre-existing debt. Without it, your spouse's creditors might come knocking on your door.
You own a business. If your company grows during the marriage, your spouse could be entitled to a share of that growth in a divorce. A prenup can protect the business and keep it out of property settlements.
You want to protect future earnings. This matters especially when one partner earns significantly more than the other, or when one partner plans to leave work to raise children. A prenup can set fair expectations for both scenarios.
You're getting married again. Second marriages have a higher divorce rate than first marriages. If you have children from a previous relationship, a prenup ensures their inheritance is protected.
The couples who get prenups aren't pessimists. They're the ones who can have an honest conversation about money before saying "I do."
What Every Prenuptial Agreement Should Include
A solid prenup covers more ground than most people expect. Here's the complete checklist.
Financial Disclosure
This is non-negotiable. Both partners must fully disclose their financial situation. Assets, debts, income, investments, everything. A prenup signed without complete financial disclosure can be thrown out in court. This is the single biggest reason prenups get invalidated.
Include:
- Bank account balances
- Investment and retirement accounts
- Real estate owned
- Business ownership and valuations
- Outstanding debts (student loans, credit cards, mortgages)
- Expected inheritances (if applicable)
Asset Classification
Define clearly which assets are:
- Separate property (stays with the original owner)
- Marital property (shared between both partners)
- Hybrid (separate property that might become marital, like a house bought before marriage but paid off during)
Debt Protection
Specify how pre-existing debts are handled. Will each partner remain solely responsible for debts they brought into the marriage? What about debts incurred during the marriage?
Spousal Support (Alimony)
This is where most arguments happen. You can:
- Waive alimony entirely (courts may override this if it's grossly unfair)
- Set a specific amount or formula
- Base it on the length of the marriage
- Include a sunset clause (the prenup expires after a certain number of years)
Business Protection
If either partner owns a business, the prenup should address:
- Whether the business is separate property
- How business growth during the marriage is treated
- What happens if both partners work in the business
- Valuation methods in case of divorce
Inheritance and Estate Planning
How will inheritances be treated? What about life insurance policies? A prenup can work alongside your will and estate plan to ensure your assets go where you intend.
Common Mistakes That Invalidate Prenups
Courts throw out prenuptial agreements more often than you'd think. Here's what goes wrong.
Mistake 1: Signing Under Pressure
If one partner presents the prenup the night before the wedding and says "sign this or the wedding is off," that's coercion. Courts take this seriously. Both partners need adequate time to review the document, ideally weeks or months before the wedding date. A prenup signed under duress is worth nothing.
Mistake 2: Hiding Assets
Remember that financial disclosure requirement? If either partner hides bank accounts, undervalues property, or "forgets" about investments, the entire prenup can be voided. Full transparency is the foundation everything else rests on.
Mistake 3: Wildly Unfair Terms
A prenup that leaves one partner with nothing while the other keeps everything will likely be challenged. Courts look for basic fairness. You don't need a 50/50 split, but terms that are obviously one-sided get struck down.
Mistake 4: Including Non-Financial Clauses
Prenups that try to regulate personal behavior (weight gain clauses, social media restrictions, who does the dishes) are not enforceable and can undermine the credibility of the entire agreement. Keep it strictly financial.
Mistake 5: Not Getting It Signed Properly
An unsigned prenup is just a wish list. A prenup signed by only one partner is a piece of paper. Both parties need to sign, and in many jurisdictions, the signatures need to be witnessed or notarized. Don't let the signing logistics be the thing that invalidates your agreement.
Legal Requirements by Country
Prenuptial agreement laws vary significantly around the world. Here's what you need to know for the most common jurisdictions.
United States
Prenups are governed by state law. Most states follow the Uniform Premarital Agreement Act (UPAA), which requires the agreement to be in writing, signed by both parties, with full financial disclosure. Some states require independent legal counsel for each party. No notarization required in most states, but it strengthens enforceability.
United Kingdom
Prenups are not automatically legally binding in England and Wales, but courts increasingly uphold them following the landmark Radmacher v Granatino (2010) decision. Both parties should receive independent legal advice, and the agreement must be fair and entered into freely.
Germany
Important note: in Germany, an Ehevertrag must be notarized by a Notar to be legally valid (§1410 BGB). Both partners must appear in person. However, you can prepare and agree on the terms in advance using a template, then bring the finalized document to the Notar for certification. This saves significant time and notary fees since you're not drafting from scratch.
France
Prenups (contrat de mariage) must be created by a notaire before the wedding and registered. The most common regime is séparation de biens (separation of assets).
Netherlands
Since 2018, the Netherlands has a limited community of property by default. A prenup (huwelijkse voorwaarden) must be notarized to override this. Partners can draft terms in advance.
Spain
Prenups (capitulaciones matrimoniales) must be registered in a public deed before a notary. They can be signed before or during the marriage.
Other EU Countries
Most EU countries require some form of notarization or legal certification for prenuptial agreements. EU Regulation 2016/1103 provides a framework for cross-border matrimonial property regimes.
Get Your Free Prenuptial Agreement Template
We've put together a complete prenuptial agreement template that covers everything listed above: financial disclosure, asset classification, debt protection, spousal support, business interests, and all the legal essentials. It's ready to customize and sign.
What's included in the template:
- Full financial disclosure sections for both partners
- Separate vs. marital property definitions
- Debt protection clauses
- Spousal support options (waiver, fixed amount, or formula-based)
- Business interest protection
- Retirement account and life insurance provisions
- Governing law and legal counsel acknowledgments
- Signature fields for both partners and a witness
Instead of copying and pasting text from a blog post, you can get the actual template, fill it in, and have it signed electronically in one place.
Get the free prenup template and sign it online at canusign.com
The template works for most common-law jurisdictions. In countries where notarization is mandatory (Germany, France, Spain, Netherlands, and others), use it to prepare and agree on terms first, then bring the finalized document to your notary for certification. This saves significant time and notary fees.
How to Sign Your Prenup Online
For jurisdictions where notarization is not required (most US states, UK), you can handle the entire prenup process digitally.
Step 1: Customize the Template
Download the template above, fill in all the details, and attach your financial disclosure schedules. Take your time with this. Both partners should review every clause and negotiate until you're both comfortable.
Step 2: Upload to CanUSign
Head to CanUSign and upload your prenuptial agreement as a PDF. Set up signature fields for both partners and a witness if required.
Step 3: Sign Together
Both partners sign electronically. The process takes about two minutes per person. No accounts needed for the second signer, just a link and a click.
Step 4: Get Your Signed Copy
Both parties receive a PDF of the fully executed agreement with a digital signature certificate including timestamps. Store this with your other important legal documents.
The cost? Just €1 per signed document. Compare that to the $2,500 minimum most attorneys charge for prenup preparation alone.
For Countries Requiring Notarization
If you're in Germany, France, Spain, or another country that requires notarial certification, use CanUSign to prepare and agree on the terms first. Then bring the agreed document to your notary. This saves significant time and fees because you're arriving with a finished agreement instead of paying the notary to draft everything from scratch.
This Valentine's Season: Have the Conversation
Here's the truth about prenups: the conversation is the hard part, not the paperwork. Most couples avoid it because it feels unromantic. But knowing exactly where you stand financially is actually one of the most caring things you can do for your relationship.
You're not planning for failure. You're building a foundation for a partnership where both people feel secure. That's worth more than flowers.
So this Valentine's season, between the chocolates and the dinner reservation, have the money talk. And when you're ready to put it in writing, CanUSign makes the signing part easy. €1 per signature, no lawyer appointment needed, done in five minutes.
Create your prenuptial agreement now at canusign.com
Frequently Asked Questions
Do I really need a prenup if we both earn similar amounts?
Yes, and here's why: your financial situations will change over the course of a marriage. One partner might stop working to raise children, start a business, receive an inheritance, or take on debt. A prenup isn't just about protecting current assets. It's about creating a framework for how you'll handle financial changes together.
Can I write a prenup myself or do I need a lawyer?
In many jurisdictions (including most US states and the UK), you can legally create a prenup without a lawyer. The key requirements are full financial disclosure, no coercion, and basic fairness. That said, having a lawyer review your agreement is always a good idea, especially for complex situations. Using a template and e-signing platform like CanUSign for the basics, then paying a lawyer for a one-hour review, is much cheaper than having an attorney draft the entire thing.
When should we sign the prenup before the wedding?
As early as possible. Most legal experts recommend signing at least 30 days before the wedding to avoid any claim of coercion. Some recommend 3-6 months. The earlier you start the conversation, the less pressure there is.
Are prenups enforceable across borders?
It depends. If you get married in one country and later divorce in another, the enforceability of your prenup becomes complicated. EU Regulation 2016/1103 helps standardize this within participating EU countries. For international couples, it's worth specifying which country's laws govern the agreement and getting legal advice in both jurisdictions.
What if my partner refuses to sign a prenup?
That's their right. You can't force someone to sign a prenup. But their refusal is itself important information. If your partner won't have an open conversation about finances before marriage, that's a red flag worth addressing, preferably with a couples counselor rather than a lawyer.
Can we change the prenup after we're married?
Yes. A postnuptial agreement (signed after the wedding) can modify or replace a prenup. Both parties must agree to the changes, and the same requirements (full disclosure, no coercion, fair terms) apply. With CanUSign, signing an amendment is just as easy as signing the original.
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