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Prenuptial Agreement
A prenuptial agreement is a written contract signed by a couple before marriage that outlines how their assets and debts will be divided if they later divorce or separate.
What it actually is
It is a legally binding contract that typically addresses division of property, spousal support, and other financial matters, but it cannot govern child custody or child support. In a court case, the agreement is presented as evidence during divorce proceedings, and a judge will review it to ensure it was signed voluntarily, with full financial disclosure, and is not unconscionable.
Why it matters in your case
If you are in a divorce case, a prenuptial agreement can significantly limit what you can argue for in court, such as alimony or share of property. It can also shift the procedural burden, requiring you to challenge the agreement’s validity rather than simply negotiating a division of assets.
The common misunderstanding
Many people think a prenuptial agreement is only for the wealthy or that it dictates all terms of a divorce, including child custody. In reality, it cannot include terms about children, and courts can set aside parts of the agreement if they are grossly unfair or coerced.
Get the actual rule
Definitions are orientation; rules are authority
This page explains the concept. When it matters to your case, read the rule that governs it in your court — we hold Texas, federal and Washington court rules word for word, and every state's official resources are on the state pages. If someone cites a case at you, check that it exists first.
Related
Terms that travel with this one
General explanation, not legal advice, and not specific to any state — procedures and deadlines vary by jurisdiction and court. If you can get a lawyer or free legal aid, do: every real option.