Jul 14, 2025
The Ultimate Guide to Prenups in 2025: What to Include, Avoid, and Prepare For
What Is a Prenup and Why It Matters
A prenuptial agreement (prenup) is a legally binding contract between two individuals before marriage that outlines how assets, debts, and financial matters will be handled in the event of divorce or the death of one of the parties.
In 2025, prenups aren’t just for celebrities or billionaires. They're practical tools that can:
Protect your business
Clarify financial expectations
Reduce conflict if things go sideways.
Without a prenup, your state’s default divorce laws decide who gets what, and that may not reflect your actual goals.
Who Should Consider a Prenup?
This guide is invaluable if:
You're a business owner or investor.
You have prior children or a blended family.
You’re the higher earner (or expect to be)
You want financial transparency and protection.
You’re engaged but want to avoid legal and emotional surprises later
Even if your net worth isn't massive yet, a well-crafted prenup protects your money and future growth.
Step-by-Step: How to Create a Prenup in 2025
Step 1: Clarify Your Goals
Why do you want a prenup?
Business protection?
Avoiding shared responsibility for certain debts?
Setting spousal support expectations?
Starting with your “why” ensures your agreement reflects your values.
Step 2: Inventory Assets, Debts & Future Earnings
Gather and document:
Real estate
Businesses or partnerships
Savings, retirement, and brokerage accounts
High-value personal property
Personal and joint debts
Future income or equity compensation
Step 3: Decide What to Include in a Prenup
A strong prenup should clearly outline:
Business ownership and appreciation
Debt responsibility
Separate vs. marital property
Spousal support expectations
Inheritance and family gifts
Future income protection (bonuses, stocks, etc.)
Sunset clause (if the prenup will expire after X years)
Use the AI Prenup Advisor to build a custom prenuptial checklist that’s tailored to your situation.
Step 4: Know What Makes a Prenup Invalid
Yes, prenups can be thrown out — and it happens more often than people think.
What makes a prenup invalid?
Signed under pressure or too close to the wedding
Incomplete financial disclosures
One-sided or unfair terms
No independent legal representation for both parties
Language that’s vague or illegal
Step 5: Talk to Your Partner Early
This part is often more emotional than legal, but it’s critical.
Tips for a better conversation:
Don’t wait until the wedding is around the corner.
Emphasize that this is about mutual protection.
Share resources like the AI Prenup Advisor to make it feel less confrontational
Step 6: Use the AI Prenup Advisor to Prep (Before You Pay a Lawyer)
Before you spend $2,000+ on attorney fees, the AI Prenup Advisor helps you:
Clarify what to include.
Flag potential legal red flags
Get a state-aware prenup checklist.
Learn which clauses might raise eyebrows.
It’s also ideal if you’re wondering:
Can I do a prenup without a lawyer?
Can I write my own prenup and just have it notarized?
Yes, but most DIY prenups don’t hold up. That’s why the tool helps you draft smarter, then take it to a professional.
Step 7: Hire a Lawyer and Finalize It
Bring your prep materials and goals to an attorney who practices family law in your state. Each party should ideally have their own lawyer to ensure enforceability.
Want to save time? Use the tool first, so you walk in ready to go.
Common Mistakes and FAQs
Top Mistakes to Avoid
Mistake #1: Waiting until the last minute
Mistake #2: Hiding assets or debts
Mistake #3: Using vague terms like “fair division”
Read: 7 Common Mistakes That Can Invalidate Your Prenup
FAQ Highlights
Q: Can I write my own prenup and just have it notarized?
A: You can draft it, and yes, some states allow notarization. However, without a legal review, it is unlikely to hold up.
Q: Does a prenup protect your money?
A: Yes, especially if it’s done early, fairly, and with legal support.
Q: What should I avoid putting in a prenup?
A: Anything related to child custody or support (which courts don’t enforce), illegal clauses, or extreme one-sided demands.
Q: Do I need a prenup if I don’t have many assets?
A: If you expect to build wealth, own a business, or receive an inheritance, yes, a prenup still makes sense.
Why the AI Prenup Advisor Saves You Time (and Stress)
Before you ever hire a lawyer, use the AI Prenup Advisor to:
Clarify your goals and concerns.
Get a custom prenup checklist.
Reduce emotional stress around the conversation.
Spot risky clauses before they get expensive
Final Takeaway: Start Smart
A prenup isn’t about expecting divorce, it’s about protecting what matters.
Start with clarity. Use tools that help you prepare smarter and spend less. Then get a lawyer to make it official.
👉 Try the AI Prenup Advisor now — free, fast, and smarter than a Google doc template.