Article · Family Law

The Contract You Sign Before the Wedding: What a Prenuptial Agreement Can and Cannot Do

26 U.S.C. § 2056

Type
Article
Jurisdiction
National
Date
2023-09-26
Topic
Family Law

A prenuptial agreement is a contract about a marriage that has not happened yet, negotiated by two people who are not thinking clearly about money, and it is judged years later by a court that will scrutinize it more closely than any commercial contract. This article explains what these agreements can actually do, what they cannot do no matter how carefully drafted, and the four requirements that decide almost every enforceability fight. It follows a hypothetical couple through an agreement signed eleven days before a wedding to show how timing, disclosure, and counsel interact. It explains why the most valuable function of a prenuptial agreement is often not the outcome it dictates but the conversation it forces. It covers postnuptial and cohabitation agreements, which behave differently and are scrutinized differently. It closes with the drafting choices that make an agreement survive and the ones that quietly destroy it.

The Contract You Sign Before the Wedding: What a Prenuptial Agreement Can and Cannot Do

Family Law > Marital Agreements | Published 26 September 2023 - Updated 22 September 2025 | UpLaw - uplaw.us

Nine days before the wedding, Theo's father calls a lawyer.

Theo is 34. He is a minority owner of the family construction business, which his grandfather started and which has never been valued by anyone outside the family. His fiancée Nadia is 31, a nurse practitioner with a graduate degree and about forty thousand dollars in student loans. They have been together five years. The invitations went out in April.

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