Answers to the Most Common Questions About Prenups and What Makes Them Enforceable

What makes a prenup invalid?

A prenup can be invalid if it was signed under pressure, lacked full financial disclosure, was unconscionable, or didn’t follow state laws. Courts may also reject it if one party didn’t have a chance to review it with a lawyer.

To protect your prenup, both partners should voluntarily sign it well before the wedding, with complete transparency and ideally legal counsel.

Can you write your prenup?

Yes, you can draft your prenup, but it must still meet legal standards to be enforceable. DIY prenups often fail due to unclear language, missing disclosures, or improper execution.

It’s smart to prepare your ideas and priorities with a tool like the AI Prenup Advisor, then bring your draft to a qualified attorney.

What should a prenup not include?

A prenup should not include child custody terms, anything illegal, or clauses that encourage divorce. Unfair or emotionally manipulative terms can also get it thrown out.

Focus on financial matters like assets, debts, businesses, and spousal support. Leave parenting and personal conduct out.

Want to make sure your prenup doesn’t get thrown out? Read these common mistakes that even smart people make.

How do I protect my prenup from being thrown out?

Make sure your prenup is signed voluntarily, reviewed by both parties, and based on complete financial transparency. Each partner should ideally have separate legal counsel.

Also, avoid vague or overly one-sided terms. A balanced, well-documented agreement is much harder to challenge.

Do I need a prenup if I don’t have many assets?

Yes, because prenups aren’t just for the wealthy. They can protect future income, business growth, or inheritances.

An explicit agreement now can prevent costly disputes later, especially if your financial situation changes after marriage.

Still want the full picture? Go back to our ultimate prenup guide for the step-by-step process.

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