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Prenuptial agreement template
A prenuptial agreement, often called a prenup, is a contract two people sign before they marry that sets out how their money and property will be handled during the marriage and if it ends. It is not a sign of distrust so much as a plan made while both people are calm and on good terms. Here is what a prenuptial agreement covers, what a template should include, and how the rules differ in the US and Canada. This is general information, not legal advice.
What a prenuptial agreement is
A prenuptial agreement is a written contract signed by two people before marriage. It records what each person owns going in, how income and property acquired during the marriage will be treated, and what would happen to those assets and debts if the couple separates or divorces. A similar agreement signed after the wedding is called a postnuptial agreement. In Canada, both are usually called marriage contracts or domestic contracts.
The goal is clarity. Without an agreement, the split of property on divorce follows the default rules where you live, which may not match what either of you would have chosen. A prenup lets a couple set their own terms in advance, while they are on good terms and can talk it through calmly.
What a prenup usually covers
Prenuptial agreements focus on money and property. Common topics include the following.
- Separate property. What each person owned before the marriage and wants to keep as their own, such as a home, savings, a business, or an inheritance.
- Marital or shared property. How assets and income earned during the marriage will be treated and divided.
- Debts. Who is responsible for debts brought into the marriage and debts taken on during it, so one spouse is not left with the other's obligations.
- Spousal support. Whether spousal support or alimony would be paid if the marriage ends, and any terms around it, within the limits the law allows.
- Property on death. How the agreement works alongside wills and estate plans, though it does not replace a will.
- A business or professional practice, and how its value is handled if the couple separates.
What a prenup usually cannot decide
There are limits on what a prenup can control. Courts generally will not enforce terms about child custody or child support set in advance, because those are decided based on the child's best interests at the time. Anything that tries to reward or penalize personal behavior, or that is plainly unfair to one side, may be struck down. A prenup is about property and finances, not personal conduct.
What to include in a prenuptial agreement template
- The parties and the date, with a statement that both intend to marry.
- Full financial disclosure, often as attached lists of each person's assets, debts, and income.
- Separate property that each person keeps.
- Treatment of marital property acquired during the marriage.
- Debt responsibility for each person.
- Spousal support terms, if any.
- A statement that each person entered the agreement voluntarily and had the chance to get independent legal advice.
- Signatures, the date, and often a witness or notarization.
What makes a prenup hold up
A prenup is more likely to be enforced when it is fair and both people entered it freely. A few things help.
- Full and honest disclosure. Each person should list their assets, debts, and income. Hiding money is a common reason a prenup is later thrown out.
- Independent legal advice. Each person having their own lawyer review the agreement shows neither was pressured and both understood it.
- No pressure and enough time. Signing well before the wedding, not the night before, reduces any claim of being rushed or coerced.
- In writing and signed. An oral agreement will not do. Most places require a prenup to be written and signed, and often witnessed or notarized.
- Fair terms. An agreement that leaves one person with nothing may be set aside as unconscionable.
Because these standards decide whether the agreement is worth anything, a template is a starting point, not a substitute for advice on a serious agreement.
US and Canada: how the rules differ
Prenups are recognized across the US and Canada, but the details vary a lot. In the US, family law is set at the state level, and many states follow a version of a uniform premarital agreement act while others have their own rules on disclosure, timing, and enforceability. In Canada, these are marriage contracts or domestic contracts under provincial and territorial family law, and provinces such as Ontario and others set specific requirements, including independent legal advice and financial disclosure. Community property states and provinces with their own property-sharing rules make the default split of assets different, which changes what a prenup is trying to override. Because of this, the requirements where you live matter, and a lawyer in your state or province is the right source for a binding agreement.
When a prenup makes sense
A prenup is not only for the wealthy. It can be sensible when one person owns a business or property, when either person has children from a previous relationship, when one person is bringing significant debt into the marriage, or when one spouse plans to leave paid work to raise a family. It can also simply give a couple peace of mind by settling the money questions before they marry, so those questions never hang over the relationship.
Common myths about prenups
A few misunderstandings put people off prenups for the wrong reasons. It is worth clearing them up.
- A prenup means you expect to divorce. In practice it is planning, much like buying insurance you hope never to use. Couples who sign one are not more likely to separate; they have simply agreed on the money questions in advance.
- Only rich people need one. A prenup can protect a small business, an inheritance, a person entering the marriage with debt, or a spouse who plans to leave work to raise children. Modest circumstances can still benefit from clarity.
- A prenup lets you decide everything. It cannot fix child custody or support in advance, and unfair or one-sided terms may be set aside. It is a tool for property and finances, not personal conduct.
- Signing it is the end of the conversation. Circumstances change, and a prenup can be reviewed or replaced by a postnuptial agreement later if both people agree.
How to raise the subject with your partner
The conversation is often the hardest part, so timing and tone matter. Bring it up early, well before the wedding, so it does not feel like a last-minute ultimatum. Frame it as a shared plan rather than one person protecting themselves from the other, and be honest about why it matters to you, whether that is a family business, children from a past relationship, or simply wanting the money questions settled. Listen to your partner's concerns and be willing to adjust the terms so both of you feel the agreement is fair. Because each person should have independent legal advice, plan for that time in your schedule too. A prenup discussed openly and agreed calmly can actually strengthen a relationship, since it forces two people to talk honestly about money before they marry.
Fill out and sign a prenuptial agreement online
Once you and your partner, with advice, have agreed on the terms, you can prepare a clean copy without retyping the whole document. Open your agreement as a PDF and complete it on screen with our fill a PDF tool, entering names, property lists, and terms in the right places. When it is ready, add both signatures with the sign a PDF tool, which lets each person draw, type, or upload a signature. Because the file is processed in your browser, your financial details stay on your own device rather than being uploaded.
For related documents such as wills and powers of attorney that often go alongside a marriage, browse the form templates library. To keep your signed agreement and disclosures together and update them later, create a free account and save your files in one place.
A short checklist
- Both people have fully disclosed their assets, debts, and income.
- Each person had the chance to get independent legal advice.
- The agreement is signed well before the wedding, not at the last minute.
- The terms are fair and the document is written, signed, and witnessed as your area requires.
- You keep signed copies and any attached financial lists together.
A prenup is a practical way to plan the money side of a marriage while both people are calm and fair-minded. Treat a template as a first draft, get advice for anything significant, and you will end up with an agreement that both of you understand and trust.
Frequently asked questions
What does a prenuptial agreement cover?
A prenup mainly covers money and property: what each person owned before the marriage, how assets and income earned during the marriage are treated, who is responsible for debts, and whether spousal support would be paid if the marriage ends. It does not decide child custody or support in advance.
Is a prenup only for wealthy people?
No. A prenup can make sense when someone owns a business or property, has children from a previous relationship, is bringing significant debt into the marriage, or plans to leave paid work to raise a family. It can also simply give a couple clarity about finances before they marry.
What makes a prenuptial agreement enforceable?
Courts are more likely to enforce a prenup when both people fully disclosed their finances, each had the chance for independent legal advice, it was signed without pressure and well before the wedding, and the terms are fair. Hiding assets or rushing the signing can cause a prenup to be thrown out.
What is the difference between a prenup and a postnup?
A prenuptial agreement is signed before the couple marries. A postnuptial agreement covers the same kinds of terms but is signed after the wedding. In Canada both are usually called marriage contracts or domestic contracts.
Are prenups different in Canada than in the US?
Yes. In the US, family law is set by each state, with different rules on disclosure and enforceability. In Canada, these are marriage contracts or domestic contracts under provincial law, and provinces set their own requirements, often including independent legal advice. The rules where you live decide what is needed.
Can I fill out and sign a prenup online?
You can prepare and sign a clean copy online once you and your partner, with advice, have agreed on the terms. Open the agreement as a PDF, type in the details with a fill tool, and add both signatures with a signing tool. The file stays on your device, keeping your financial information private.