What must be disclosed in a prenup?

Assets, debts, income, and expected inheritances — for both partners, in writing, attached as a schedule to the agreement. Full disclosure is the #1 factor courts check when validating a prenup. Hiding an account is the fastest way to lose the entire agreement.

What should NOT be in a prenup?

Anything about child custody or child support (courts won't enforce them), penalties for infidelity in most states, terms that are unconscionable at signing, anything illegal, or provisions that push one spouse onto public assistance. Clauses with no legal basis only create holes opponents can attack.

Do we need witnesses and a notary?

Requirements vary by state. Both spouses must sign in writing before the wedding; some states require notarization, some require witnesses. Since 2019, many states follow the revised Uniform Premarital Agreement Act. Confirm your state's formalities — an attorney or the online service you use should handle this.

How long before the wedding should we start?

Three to six months. Courts look at timing: a document presented days before the wedding smells like duress — the second-leading reason prenups get set aside. Starting early protects enforceability and your budget.

Does a prenup have to be fair to both sides?

It must be voluntary, with full disclosure, and not unconscionable when signed. It doesn't have to be 'equal' — courts generally don't second-guess substantive fairness. But surprises are fatal: if terms are buried and undisclosed, 'unfair' becomes 'unenforceable.'

The Prenup Checklist: 17 Things to Include Before You Sign

The short version

A valid, durable prenup needs three layers: (1) full financial disclosure from both of you, (2) clear terms on property, debt, support, and the big assets, and (3) correct execution — signed before the wedding, voluntarily, with counsel recommended. Miss layer one and a court can throw the whole thing out.

A prenup is only as strong as its weakest paragraph — and most problems don’t come from what couples argue about. They come from what couples forget to write down.

Use this checklist in order. Three layers: disclosure → terms → execution. Skip a layer and you don’t have a prenup; you have an expensive suggestion.

Layer 1: Disclosure (the part that kills prenups when skipped)

Full asset schedule — both partners. Bank accounts, investments, retirement (401k/IRA/pensions), real estate, vehicles, valuable personal property, business interests, crypto.
Full debt schedule — both partners. Student loans, credit cards, car loans, mortgages, business lines of credit, family loans.
Income documentation. Recent pay stubs or tax returns — support calculations and “who pays what” clauses need real numbers.
Expected inheritances and trusts. Even vague ones (“my parents’ lake house eventually”). Future money needs an agreed treatment.
Attach everything as an exhibit. Disclosure lives inside the agreement as schedules both partners sign — not in an email. Courts want to see it on the document.

Why this layer comes first: the #1 reason prenups get tossed is inadequate or hidden disclosure. A $400,000 account discovered later doesn’t just add to the fight — it can void the entire agreement.

Layer 2: The terms (what the document actually decides)

Separate property defined. What each of you brought in stays yours — and specify what keeps it separate (inheritances received later, gifts, commingling rules).
Marital property defined. What you build together, and how it’s divided — percentages, formulas, or “per state law” (be specific; vagueness = future fight).
The house. The single most-litigated asset. Who owns it, how the mortgage payments affect ownership, what happens if you sell, who stays during separation.
Debts assigned. Who’s responsible for each premarital debt and how marital debt gets handled. Especially student loans and business debt.
Business protections. Ownership stays separate, how growth during marriage is treated, valuation method if it ever matters. Business fights are the most expensive kind.
Spousal support terms. Caps, duration, or waiver — subject to your state’s limits (several states won’t enforce a complete waiver if it’s unconscionable).
Retirement and pensions. How accounts grown during marriage are treated; whether a waiver of marital share is included (QDRO language matters later).
Life insurance. Obligation to maintain coverage naming the spouse — with amounts and term. Often overlooked, frequently valuable.
Inheritance rights. How the prenup interacts with your will and your state’s elective-share laws — especially with kids from prior marriages.

If you have kids from a previous marriage, add:

Inheritance ring-fence. Explicitly preserve children’s claims to premarital assets, the family home, or life insurance proceeds.

Optional but worth a conversation:

Sunset clause. The agreement expires after X years of marriage. Popular for first marriages; consider carefully — automatic expiration after 10 years can strand a spouse who stayed home to raise kids.
Dispute resolution. Mediation or arbitration before litigation. Cheaper, faster, keeps fights out of public court records.
Amendment process. How you’ll update it as life changes — because you will change it.

Layer 3: Execution (where cheap documents die)

Both partners have the agreement in advance — weeks, not the night before the wedding. Courts treat last-minute signing as a red flag for duress.
Voluntary signing, documented. No ambushes. Ideally both acknowledge in writing they had time to review.
Separate counsel recommended. Not legally required everywhere — but the strongest protection against “I didn’t understand what I signed.” Many states effectively push couples toward it.
Notarization and/or witnesses per your state’s rules. The document that skips required formalities is the document a court declines to enforce.
Signed before the wedding. Not after. A prenup signed post-ceremony is a different (harder) instrument — a postnup.

The “don’t do this” list

❌ Child custody and child support terms — courts decide those, always
❌ Cheating penalties / morality clauses — unenforceable in most states
❌ Anything one partner never saw
❌ Terms that would leave one spouse destitute or on public assistance
❌ Hidden assets — the whole agreement can collapse

Your order of operations this week

Each of you lists assets and debts tonight (one hour, honestly).
Agree on the big four: house, business, support, inheritance.
Check your state’s cost range — five seconds, no email.
Start 3–6 months before the wedding. The full cost breakdown is in How Much Does a Prenup Cost?.