What is a Prenup?

Editor's note: This post was originally published April 20, 2023, and has been updated for accuracy, comprehensiveness and freshness on November 12, 2025.

Imagine two people who are excited to get married. They're planning the wedding, picking out decorations, and dreaming about their future together. But they're also thinking practically about money and what happens if things don't work out. That's where a prenup comes in.

Many people think prenups are only for rich celebrities. That's not true! A prenup can help protect both partners, no matter how much money they have.

We are here to help explain the details so you can make a confident decision about whether you need a prenup – either now, or later down the road. Keep reading to learn what a prenup is, what it covers, why couples use them, and what happens without one. By the end, you'll understand what a prenup is and how it might help you.

What does it mean to get a prenup?  

Brenda Guan, a family law attorney who works with LegalShield at McEnroe, Gotsdiner, Steinbach, Rothman & Kendell P.C., explains it this way:

"A prenuptial agreement, or a 'prenup,' is essentially a contract between two people who are about to get married."

It lays out expectations about possessions and finances to help each member of the marriage protect their property and avoid conflict if they ever divorce.

Here's what makes a prenup important:

• It's an agreement before marriage that sets clear rules about money and property and prevents fights later
• It helps couples set expectations before problems arise

Guan adds:

"The purpose of a prenup is to explicitly define the interest that the parties have respectively in each other's property."

Think of it like making a plan before you start a big project. When everyone knows the rules from the beginning, there are fewer surprises later.

How does a prenup work?

Guan explains that when courts look at prenups, they check three important things:

"First, the agreement must be executed voluntarily. Second, the person who wanted the agreement must have given the other person a reasonable period of time to consider the terms. Finally, there must be a fair and reasonable disclosure of property, giving the person adequate knowledge of the property or financial obligations of the other spouse."

Here's how the process usually works:

• A lawyer drafts the prenup (usually for the person who wants it).
• Both people share complete information about their money, debts, and property.
• The other person gets time to review it—at least 30 days or more.
• Each person should talk to their own lawyer.
• Both people voluntarily sign the agreement before marriage.
• If a divorce happens later, the judge and lawyers will likely use the prenup to determine the split.

If any of these steps are skipped, the prenup might not hold up in court.

Here's an example: Let's say Sarah owns a house before marriage. In her prenup, she states that the house will stay hers if she divorces. When the divorce happens, the prenup makes it clear—Sarah keeps her house. Without a prenup, a judge might decide her spouse gets part of the house's value.

What is a prenuptial agreement for?

Now that you know what a prenup is, let's talk about what a prenuptial agreement is for. What does it actually do?

A prenup is a tool that protects both people getting married. It clarifies who owns and owes what.

Here are the main things a prenup can cover:

• Property you owned before marriage: If you bought a car or house before the wedding, the prenup can say it stays yours.
• Debts: If one person has student loans or credit card debt, the prenup can say the other person isn't responsible for paying it.
• Spousal support: The prenup can set rules about alimony (money paid to a spouse after divorce).
• Business interests: If you own a business, a prenup can protect it from being split up in a divorce.
• Inheritances: If you expect to inherit money or property from your family, a prenup can keep it separate.
• Children from previous relationships: If you have kids from an earlier marriage, a prenup can protect their inheritance.

Guan emphasizes that prenups give couples control:

"In the United States, there are two types of marital property regimes: the majority rule is an equitable division, while the minority rule is an equal division, also known as community property. A common purpose behind making a prenup is opting out of the default property division rule in a particular state."

The prenup meaning isn't about planning for failure. It's about fairness and peace of mind. It's an agreement before marriage that protects both people.

Why would someone ask for a prenup?

You might wonder when signing a prenup makes sense. Let's look at common situations where people ask for this contract before marriage.

Guan lists several scenarios where prenups are especially helpful:

"1. This is not your first marriage, and you have children from a previous marriage whose interests in your property you want to protect.

“2. You and your soon-to-be spouse wish to opt out/into the community property regime of your state (please note, there are only nine states where community property is the default rule, and a handful more where couples can opt INTO community property).

“3. You and your soon-to-be spouse wish to maintain separate property throughout your marriage.

“4. One party is significantly wealthier than the other and wants to protect their assets in the event of divorce."

Some people worry that asking for a prenup means you don't trust your partner. That's a misconception! Think of it this way: you buy car insurance, but you're not planning to crash. You're just being responsible. A prenup is the same idea. It's proactive planning for your financial future.

Guan notes that society supports this approach:

"In general, the law favors prenuptial agreements. This is consistent with the general sentiment in our country that favors contracts and the right to contract. When parties contract, they know what they are getting into, so to speak."

Do all marriages need a prenup?

Not every couple needs to worry about what a prenup is or how to get one.

Prenups are optional. Some couples don't need this type of agreement before marriage because their situations are simpler.

You might not need a prenup if:

• Both people have similar amounts of money and property
• Neither person has significant debt
• Neither person owns a business
• There are no children from previous relationships
• Both people are starting their careers and don't have many assets yet

If you get married without a prenup and later wish you had one, there's an option. You can create what's called a postnuptial agreement. This is similar to a prenup, but you sign it after marriage instead of before.

Understanding what a prenuptial agreement is and its benefits can help you decide if you need one. Many couples find peace of mind in having this contract before marriage, even if they don't have complicated finances.

What happens if you divorce without a prenup?

If you divorce without signing a prenup, state law decides how to split your property and debts. You lose control over these decisions, and a judge makes them for you.

In community property states (9 states total): Everything you earned or bought during the marriage gets split 50/50. This includes houses, cars, savings accounts, and even debts. It doesn't matter who made more money—it's divided equally. The community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.

In equitable distribution states (most states): A judge decides what's "fair." Fair doesn't always mean equal. The judge looks at things like how long you were married, how much each person earns, and who took care of the kids. Then they divide property based on what they think is reasonable.

Without a prenup, you're basically handing over control to the court. The judge decides what happens to your house, your retirement savings, and your belongings.

Prenup tips before marriage

Creating a strong, enforceable agreement before marriage takes planning. You can't just download a form online and sign it the day before your wedding.

Guan provides this guidance:

"Generally, a good prenup will be drafted by an attorney. It will be presented to the other party, along with a full disclosure of the presenting party's financial assets and liabilities, sufficiently before the wedding date, at least 30 days if not more."

Here are the most important tips for signing a prenup:

• Start early: Begin the process at least 30 days before the wedding, but sooner is better.
• Hire a lawyer: Have an attorney draft the prenup to make sure it follows your state's laws.
• Get separate legal advice: Each person should talk to their own lawyer—not the same one.
• Be honest about finances: Both people must share complete information about their money, property, and debts.
• Give time to think: The person receiving the prenup needs enough time to review it without feeling rushed.
• No pressure: Signing a prenup must be voluntary—no threats, no ultimatums.

Remember, poorly written or rushed prenups might not hold up in court. If a judge thinks someone was forced to sign or didn't understand what they were signing, they can throw out the whole agreement.

That's why understanding how a prenup works from a legal standpoint is so important. This contract before marriage needs to be done right.

Why understanding what a prenup is matters

Now you know the meaning of a prenup and how these agreements work.

Here's why prenups matter:

• They provide clarity about who owns what
• They create fairness for both people
• They reduce fights and stress during divorce
• They let you control your financial future instead of leaving it to a judge

Whether you're thinking about signing a prenup or just curious about what a prenuptial agreement is, knowledge is power. This agreement before marriage isn't romantic, but it is practical.

As Guan points out, our legal system supports these agreements because

"when parties contract, they know what they are getting into."

A prenup is just one tool for protecting your family's future. But it's an important one.

Get professional help with your prenup

Understanding what prenups are is the first step. Getting the right legal help is the next one.

Drafting a strong prenuptial agreement requires professional guidance. You need lawyers who understand your state's laws and can create a contract before marriage that will hold up in court.

LegalShield makes family law affordable and accessible. Our network of experienced provider lawyers can help you with prenups, postnups, divorce, custody issues, and all your family law needs.

Don't face these important decisions alone. Whether you're considering signing a prenup or need help with other family matters, LegalShield connects you with dedicated attorneys who care about protecting your future.

Visit LegalShield's Family Law page today to learn how we can help you with an agreement before marriage that's right for your situation. Your family's financial security is too important to leave to chance.

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Written by Elyse Dillard, Senior Content Creator at LegalShield. Elyse creates educational resources about legal and identity theft protection services. She works to make complex legal concepts more accessible to readers and has contributed to numerous articles on the LegalShield blog.

Brenda has been practicing law since 2024. She is licensed in both Iowa and Minnesota, and focuses her practice on family law and estate planning matters, including probate. Fluent in Mandarin Chinese and French, Brenda has a particular passion for serving the legal needs of individuals who do not speak English as their primary language.

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