Prenuptial Agreement
Also known as: Prenup, Premarital Agreement, Antenuptial Agreement
A written contract between two people who intend to marry that defines what happens to property, debt, and support if the marriage ends.
A prenuptial agreement (also called a "prenup," "premarital agreement," or "antenuptial agreement") is signed before the wedding. It identifies what each spouse owns going in, defines how marital property will be treated, and may set or waive spousal support. Every US state recognizes prenups, though specific requirements vary.
A prenup is not the same as a postnuptial agreement, which is signed during marriage. Prenups generally face less judicial scrutiny than postnups because married spouses owe each other a fiduciary duty that engaged couples don't.
Related terms
- Postnuptial Agreement — A written contract between spouses, signed after the marriage, that defines what happens to property and support if the marriage ends.
- 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.
- Separate Property — Property owned by one spouse individually — typically property owned before the marriage, plus gifts and inheritances received during the marriage.
- 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.
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