Jul 14, 2025

The Ultimate Guide to Prenups in 2025: What to Include, Avoid, and Prepare For

Organized prenup planning materials including labeled folders and a financial checklist.
Organized prenup planning materials including labeled folders and a financial checklist.

What It Is and Why It Matters

A prenuptial agreement (prenup) is a legally binding contract between two people before marriage that outlines how assets, debts, and financial matters will be handled in the event of divorce or death. In 2025, prenups are no longer just for celebrities or billionaires. They're practical tools for protecting a growing business, safeguarding future earnings, and avoiding legal gray areas if things don’t go as planned.

Without a prenup, your state’s default divorce laws decide who gets what. That may not reflect your intentions, especially if you're building a business, have family assets, or expect your financial picture to evolve.


Who It’s For

This guide is handy if:

  • You're a man with a business, investment portfolio, or inheritance

  • You're marrying later in life or have kids from a prior relationship

  • You're the higher earner (or expect to be)

  • You live in a state with unclear or unfavorable divorce laws

  • You want financial clarity and transparency

Even if your net worth isn't massive yet, a well-structured prenup can protect your future.


Step-by-Step Guide

Step 1: Get Clear on Why You Want a Prenup

Start with your goals. Are you protecting a business? Clarifying debt responsibility? Avoiding battles over alimony? Knowing your "why" will shape what to include.

Step 2: Inventory Your Assets, Debts, and Goals

Make a list of:

  • Real estate

  • Business interests

  • Savings, stocks, retirement accounts

  • Personal property of significant value

  • Existing debts (personal or joint)

  • Future earnings potential (e.g., equity, performance bonuses)

Step 3: Decide What to Include in a Prenup

Here’s what you can (and often should) cover:

  • Business Ownership: Define that it's separate property, and outline rules for appreciation.

  • Debt Protection: Clarify who owns what debt.

  • Property Division: Specify what remains separate or becomes marital.

  • Spousal Support: Set expectations or waive it with care.

  • Inheritance and Family Gifts: Exclude these from matrimonial assets.

  • Future Earnings: Protect bonuses, stock options, or income spikes.

  • Sunset Clauses: Decide if the prenup expires after X years.

Use the AI Prenup Advisor to get a personalized list based on your financial situation.

Step 4: Know What Makes a Prenup Invalid

Common issues that lead to a prenup being thrown out:

  • Signed under pressure or duress

  • One-sided or unconscionable terms

  • Incomplete financial disclosures

  • No independent legal counsel for both parties

  • Signed too close to the wedding date

Step 5: Prep for the Conversation with Your Partner

Timing and tone matter. Be honest: "This isn’t about expecting divorce - it’s about protecting what we’ve both worked for."

Tips:

  • Avoid presenting it last-minute

  • Frame it as mutual protection

  • Bring examples or a checklist

Step 6: Use the AI Prenup Advisor Before Hiring a Lawyer

Before legal fees come into play, use our free AI Prenup Advisor to:

  • Get a checklist of what to bring to a lawyer

  • See clauses tailored to your situation

  • Identify potential red flags

Step 7: Hire a Lawyer and Finalize It

Bring your insights, notes, and draft ideas to a qualified family law attorney in your state. You and your partner should each have separate legal counsel to ensure enforceability.


Common Mistakes and FAQs

Mistake #1: Waiting too long

Signing a prenup days before the wedding can lead to it being invalidated.

Mistake #2: Hiding assets or debts

Complete transparency is legally required.

Mistake #3: Using vague language

Phrases like "fair division" can be interpreted in many ways. Be specific.

FAQ: Can you write your prenup?
Yes, but DIY prenups often fail in court. Use them only as a draft to guide your lawyer.

FAQ: Do I need a prenup if I don’t have many assets?
If you expect your wealth to grow, yes.

FAQ: Can a prenup protect my business?
Absolutely. It’s one of the most common reasons to get one.

FAQ: What should a prenup not include?
Child custody or support clauses (not enforceable), anything illegal, or provisions that heavily favor one party.

Not sure what clauses are allowed or what makes a prenup invalid? Check out these frequently asked questions to get clarity.


Why Our Tool Saves You Time

The AI Prenup Advisor is designed to:

  • Help you clarify goals before paying a lawyer

  • Reduce emotional friction when discussing a prenup

  • Provide tailored suggestions based on your finances and goals

  • Flag risky clauses or legal oversights

You’ll walk into your lawyer’s office more prepared, more confident, and with fewer billable hours ahead.

Want a quick reference before speaking to a lawyer? Our prenup checklist breaks everything down step by step.

Final Takeaways & Resources

A prenup isn’t about distrust. It’s about being deliberate with your future. Especially for men building businesses or growing wealth, it can mean the difference between clarity and chaos.

Protect your future with clarity, not confrontation.