What You Need to Know About Premarital Agreements
When you’re planning a life together, talking about a premarital agreement can feel a little intimidating. It’s a sensitive topic, but it doesn’t have to be uncomfortable.A prenup, or prenuptial agreement, is a way to outline how you and your partner want to handle finances, assets, and responsibilities before you get married. It acts as a financial blueprint for the future you’re building as a couple.Having these conversations shows care and intention. At Neptune, we help you navigate them with clarity and confidence so you can make thoughtful decisions together.
Key takeaways
- You need to start the prenup conversation several months before your wedding and sign the agreement at least a few weeks in advance to ensure it's voluntary and legally sound
- Each partner must have their own attorney during the process - many courts will throw out agreements where both partners didn't consult separate lawyers
- Your agreement should include five key elements: separate property, marital property, debt responsibility, spousal support, and full financial disclosure of all assets and debts
- Modern couples often enter marriage with complex financial situations including established careers, startup equity, real estate, and future inheritances that require clear planning
- A premarital agreement must be written, voluntary, and have fair terms that reflect mutual understanding to be legally enforceable in court
What is a Premarital Agreement?
A modern premarital agreement isn’t about expecting the worst. It’s about being intentional as you plan your future together. It gives you and your partner a chance to align on finances, clarify expectations, and strengthen your communication.
When couples talk openly about money and long-term goals, they set the stage for a healthier, more transparent partnership. A prenup helps guide that conversation in a way that feels structured and supportive.
What Goes Into a Premarital Agreement?
Don’t go with templates, a meaningful premarital agreement will be tailored to your specific situation. Here are some of the key elements couples typically include:
Separate property
This section outlines the assets and debts each of you brings into the partnership. If you own a business, have a retirement account, or expect a family inheritance, you can agree to keep those as separate property.
Marital property
These are assets you acquire together after your marriage. The agreement helps you define how you plan to manage these joint assets, especially when making big financial decisions like buying a home.
Debt responsibility
You can clarify who is responsible for debts that existed before the marriage and how you'll handle any new debts you take on during the partnership.
Spousal support
This section allows you to outline how financial support might work in the event of a significant life shift. For example, if one of you takes a career break to raise children or care for family.
Full financial disclosure
A strong agreement starts with transparency. This means both you and your partner need to list all your assets and debts. It includes everything from real estate and investments to student loans and credit card debt.
What Makes a Premarital Agreement Enforceable?
For your agreement to serve its purpose, it needs to be legally sound. One of the most common reasons an agreement gets challenged in court is that the process wasn't handled correctly.
Here is what you should do to ensure your agreement endures.
- It must be in writing: Verbal agreements generally are not enforceable. A prenup must be a written document signed by both you and your partner.
- It must be voluntary: Both partners must sign it of their own free will. There should be no pressure or last-minute surprises. It’s best to start the conversation several months before your wedding and sign the agreement at least a few weeks in advance.
- The terms must be fair: Courts are less likely to uphold an agreement that heavily favors one person. The terms should reflect mutual understanding and consider both your needs.
- Each partner needs their own lawyer: It is best practice for each of you to have your own attorney. In fact, many courts tend to throw out agreements if both partners didn’t consult a separate lawyer.
Why Modern Couples Consider Premarital Agreements
Many couples today are entering marriage with more financial complexity than previous generations. You might be balancing established careers, startup equity, real estate, or future inheritances. A premarital agreement gives you a way to navigate these things together with clarity and care.
Talking openly about money helps you align on your goals and expectations. It shows that you're building a partnership rooted in honesty, fairness, and long-term trust.
Making the Prenup Agreement Process Easier with Neptune
The prenup process doesn’t have to feel overwhelming. Neptune is a first-of-its-kind financial concierge designed for ambitious, collaborative couples.
We combine emotionally intelligent AI guidance, vetted family lawyers, and transparent flat-fee pricing to turn a traditionally tense process into a thoughtful, relationship-strengthening experience.
If you're ready to align on your financial future, Neptune can help you start with clarity and confidence. Start the conversation today.
Frequently asked questions
What is a premarital agreement?
A premarital agreement is a legal document that helps couples align on finances, clarify expectations, and strengthen communication before marriage. It's not about expecting the worst, but about being intentional as you plan your future together. The agreement allows couples to discuss money and long-term goals in a structured, supportive way.
What goes into a premarital agreement?
A premarital agreement typically includes separate property (assets and debts each partner brings), marital property (assets acquired together), debt responsibility, spousal support arrangements, and full financial disclosure. Each agreement should be tailored to your specific situation rather than using templates.
What makes a premarital agreement enforceable?
For a premarital agreement to be enforceable, it must be in writing and signed by both partners voluntarily. The terms must be fair and reflect mutual understanding, and each partner should have their own attorney. Courts often reject agreements where both partners didn't consult separate lawyers.
When should you sign a premarital agreement?
You should start the premarital agreement conversation several months before your wedding and sign the document at least a few weeks in advance. This timeline ensures both partners sign voluntarily without pressure or last-minute surprises, which is essential for the agreement's enforceability.
Do both partners need separate lawyers for a premarital agreement?
Yes, it's best practice for each partner to have their own attorney when creating a premarital agreement. Many courts tend to throw out agreements if both partners didn't consult separate lawyers, making independent legal representation crucial for enforceability.