Your prenup guide
What to know before and during your prenup
Whether you are just starting to think about a prenup or already working with an attorney, this page covers the key questions people have along the way.
The basics
What is a prenup?
A prenuptial agreement is a legal agreement signed by couples before marriage. A postnuptial agreement is a similar agreement signed after marriage. Both establish financial rights and responsibilities: how assets, debts, and support are handled during the marriage and in the event of separation or death.
Why do people get prenups?
- Clarify ownership of significant assets (home, startup equity, business)
- Preserve an inheritance
- Establish financial planning that reflects your values rather than defaulting to state law
- Address spousal support concerns when there is a large income disparity
- Plan for retirement
Scope
What a prenup can and cannot include
A prenup can address
- Separate property: assets you bring to the marriage
- Marital/community property: identify property you want treated as shared, even if it is separate
- Alimony: establish spousal support terms
- Debt responsibility: assign who is responsible for debts brought in or accumulated during the marriage
- Assets acquired after marriage: not just what you bring in, but what you build together
A prenup cannot address
- Child support or child custody
- Non-financial matters like chores or household responsibilities
- Illegal or unethical provisions
Prenups cover the only two ways a couple exits a marriage: via death or divorce.
How Neptune works
From first question to signed agreement
Neptune helps couples understand prenups through an AI-guided conversation, then connects you with vetted family law attorneys to choose from. You schedule free consultations, pick who is the right fit, and proceed at your own pace.
- 1
Schedule free consultations
Meet as many attorneys as you like at no cost. Each consult is 20 to 30 minutes.
- 2
Choose your attorney
After your consultation, Neptune follows up to see if you want to proceed. You decide.
- 3
Sign fee agreement and pay through Neptune
Flat rate, no surprise bills. Neptune negotiates preferential pricing with our attorney network.
- 4
Complete financial disclosures and proceed
Both parties disclose assets, liabilities, income, and any future inheritances or trusts. Your attorney takes it from there.
Consult prep
How to prepare for your attorney consultation
Your consult is an introduction between you and the prospective attorney. A lawyer's role is to help you execute on your priorities and understand how a prenup can be fair and equitable to both you and your partner.
Identify your priorities
Share why you want a prenup so the lawyer understands your concerns and can assess the complexity of your situation.
Prepare a couple of questions unique to your situation
You are not looking for a complete agreement out of the initial consult. Your goal is to make sure you feel comfortable with the attorney and that they understand your goals.
Ask about the lawyer's experience
All Neptune lawyers have extensive family law experience, but it is always helpful to hear specifics about their prenup work.
Ask about their typical process
The prenup process varies by attorney, so understanding their approach up front sets expectations for timing and collaboration.
Choosing a lawyer
What to look for in a prenup attorney
You should hire a lawyer who has focused on family law for an extended period of time. You can look for lawyers who have collaborative or mediation practice, or lawyers who have litigated divorces. Litigation experience means the lawyer is familiar with divorce outcomes and the state laws that apply with or without a prenup.
All Neptune lawyers are vetted and assessed for their extensive experience in family law.
The full process
Step by step: getting a prenup
It is highly recommended that both partners have legal representation. Most lawyers will not work with a client if their partner does not find proper legal representation.
- 1
Discussion
Both you and your partner discuss what you want in a prenup.
- 2
Hire attorneys
Each party retains their own attorney. There will be a drafting attorney and a reviewing attorney.
- 3
Full financial disclosure
Both parties disclose assets, liabilities, income, and any future inheritances or trusts.
- 4
Drafting
The drafting attorney writes the initial prenup based on your agreed terms.
- 5
Reviewing
The reviewing attorney reviews the document. Negotiation proceeds as needed.
- 6
Execution
Once both parties and their attorneys agree, both sign with witnesses and notarization.
- 7
Storage
Store signed copies securely.
- 8
Periodic review
Consider reviewing the prenup with significant life changes.
Ready to start?
Neptune lets you choose from experienced family law attorneys for a flat fee. Both partners get their own independent lawyer, with no surprise bills.