Prenup Glossary

39 legal terms that show up in prenup work, defined in plain English. Click any term for the full explanation.

A

• Acknowledgment

  A notarial formality required for New York prenups: the agreement must be signed in front of a notary public with specific certificate language, same as recording a deed.

• Affiliate Disclosure

  A required disclosure that a website earns commissions on certain outbound links. PrenupByState discloses affiliate relationships with LegalMatch, LegalZoom, and HelloPrenup.

C

• Community Property

  A marital property system used in 9 US states under which property and earnings acquired during marriage are jointly owned and divided equally on divorce, absent a prenup.

• Commingling

  Mixing separate property with marital property in a way that makes them indistinguishable — often resulting in the separate property being treated as marital.

• Choice of Law

  A clause specifying which state's law will govern the interpretation of a contract. In prenups, often used by couples likely to move — but not always honored by future courts.

D

• Duress

  Improper pressure that overcomes a person's free will, rendering their consent legally ineffective. A common ground for invalidating prenups.

• DeLorean v. DeLorean

  The 1986 New Jersey case where a California choice-of-law clause was rejected by a New Jersey court applying New Jersey law instead — the canonical "choice of law isn't a guarantee" case.

• DIY Prenup

  A prenup created by the parties themselves using a free template, without attorney involvement. High failure rate in court.

E

• Equitable Distribution

  The marital property system used in the 41 non-community-property US states (plus DC). Marital property is divided "fairly" — not necessarily equally — at divorce.

F

• Financial Disclosure

  The requirement that each spouse provides a complete and specific accounting of their finances — assets, debts, and income — before signing a prenup.

• Fiduciary Duty

  A legal duty of utmost good faith and full disclosure owed by one party to another. Spouses owe each other a fiduciary duty; engaged couples generally do not.

G

• Gross v. Gross

  The 1984 Ohio Supreme Court case establishing the three-part test that still controls Ohio prenup enforcement, including the two-look rule.

H

• HelloPrenup

  An online platform dedicated to prenuptial agreements. $599 single user / $749 both partners, includes attorney review. Best suited for simple cases.

I

• Independent Counsel

  Each spouse having their own attorney during prenup negotiation. Required by statute in California; heavily weighted in every other state.

• In re Marriage of Bonds

  The 2000 California Supreme Court case upholding Barry Bonds's prenup. The public outcry prompted California to enact §1615(c), the modern 7-day rule and independent-counsel requirement.

L

• LegalMatch

  An online attorney-matching service that connects readers with vetted family-law attorneys by state. PrenupByState partners with LegalMatch and discloses the affiliate relationship.

• LegalZoom

  An online legal services provider that offers attorney-reviewed prenuptial agreements at a fixed price (~$599). Best suited for simple cases.

M

• Marital Property

  Property acquired by either spouse during the marriage, subject to division at divorce — either equally (in community-property states) or equitably (in the rest).

• Matisoff v. Dobi

  The 1997 New York Court of Appeals case that struck down an otherwise valid prenup solely because it lacked the formal acknowledgment required by New York Domestic Relations Law §236(B)(3).

N

• No-Fault Divorce

  A divorce that does not require proving wrongdoing by either spouse. Available in all 50 US states. Generally does not affect prenup enforceability.

• Notarization

  A notary public's certification that signatures on a document are authentic. Required for prenups in Minnesota and Louisiana; recommended everywhere; not legally required in most states.

O

• Overreaching

  A spouse's use of their position of confidence or power to extract terms that the other spouse would not have agreed to in a fair negotiation. A common ground for invalidation in confidential-relationship states.

• Online Prenup

  An attorney-reviewed prenuptial agreement created through an online platform (LegalZoom, HelloPrenup) — typically $599-$749. Distinct from a DIY template.

P

• Prenuptial Agreement

  A written contract between two people who intend to marry that defines what happens to property, debt, and support if the marriage ends.

• Postnuptial Agreement

  A written contract between spouses, signed after the marriage, that defines what happens to property and support if the marriage ends.

• Public Policy

  A judicial doctrine that allows courts to refuse to enforce contracts that violate fundamental societal interests, even when the contract is otherwise valid.

• Procedural Defects

  Failures to comply with formal signing requirements — notarization, witnesses, acknowledgment, written-only rules. State-specific and often fatal.

S

• Separate Property

  Property owned by one spouse individually — typically property owned before the marriage, plus gifts and inheritances received during the marriage.

• Sunset Clause

  A provision that causes the prenup to expire automatically after a specified number of years of marriage, returning the parties to default state law.

• Seven-Day Rule

  California's statutory requirement that at least seven calendar days pass between presenting the final prenup and signing it. Agreements signed inside the window are automatically unenforceable.

• Severability

  A clause stating that if one provision of the contract is unenforceable, the rest of the contract remains in force. Standard in prenups; especially important when state law voids specific provisions.

• Spousal Support

  Court-ordered payments from one ex-spouse to the other after divorce. Can be waived or limited by prenup in most US states — but not all.

• Simeone v. Simeone

  The 1990 Pennsylvania Supreme Court case that adopted pure contract-law principles for prenups, making Pennsylvania one of the most enforcement-friendly states.

T

• Tracing

  The process of proving that a specific asset originated from a spouse's separate property, even after commingling — used to preserve separate-property status.

• Two-Look Rule

  The doctrine in some states (notably Massachusetts and Ohio) requiring that a prenup be fair both at signing AND at the time of enforcement.

U

• UPAA (Uniform Premarital Agreement Act)

  A model law drafted in 1983 by the Uniform Law Commission and adopted by approximately 28 US states plus DC. Standardizes the requirements and defenses for premarital agreements.

• UPMAA (Uniform Premarital and Marital Agreements Act)

  A 2012 model law from the Uniform Law Commission updating the UPAA. Adopted by only three US jurisdictions: Colorado, North Dakota, and the District of Columbia.

• Unconscionability

  A judicial doctrine that allows courts to refuse to enforce contracts that are shockingly unfair. The second pillar (with voluntariness) of prenup invalidation.

V

• Voluntariness

  The requirement that both spouses signed the prenup of their own free will, without fraud, duress, coercion, or undue influence.