Can You Write Your Own Prenuptial Agreement?
Yes, it is legally possible to draft your own prenuptial agreement in most US states. However, courts are significantly more likely to enforce agreements where both parties had independent legal counsel. A DIY prenup carries more risk of being invalidated if it is not properly drafted or executed.
Recommendation: Even if you draft the agreement yourself, having an attorney review it before signing is strongly recommended. Many attorneys offer flat-fee prenup reviews for $500–$1,500, which is far less than drafting from scratch.
Step-by-Step DIY Prenuptial Agreement Guide
- Research Your State’s Law: Prenuptial agreement requirements vary by state. Visit your state’s page to understand the specific requirements in your state.
- Gather Financial Information: Both parties should compile a complete list of all assets (real estate, bank accounts, investments, retirement accounts, vehicles, business interests), debts (mortgages, student loans, credit cards), and income.
- Discuss Key Terms: Have an open conversation about which assets will remain separate property, how marital property will be divided, and whether spousal support will be addressed.
- Download a Template: Use our free prenuptial agreement template as a starting point.
- Customize the Agreement: Modify the template to reflect your specific assets, debts, and agreed terms. Be specific and use clear, unambiguous language.
- Complete Financial Disclosure Schedules: Attach complete lists of each party’s assets and debts as schedules to the agreement.
- Have an Attorney Review It: Even if you drafted it yourself, having an attorney review the agreement significantly improves enforceability.
- Sign Well Before the Wedding: Both parties should sign the agreement at least 30 days before the wedding — ideally 3–6 months in advance.
- Notarize the Agreement: Have the agreement notarized, even if not required by your state. This provides evidence that both parties signed voluntarily.
- Store Safely: Keep the original signed agreement in a safe place and provide copies to both parties and their attorneys.
What to Include in Your Prenuptial Agreement
- Identification of both parties and their pre-marital assets
- Definition of separate property (property each party will keep regardless of divorce)
- Definition of marital property and how it will be divided
- Treatment of income earned during the marriage
- Spousal support provisions (if applicable)
- Treatment of debts brought into the marriage
- Provisions for death and inheritance
- Governing law clause (which state’s law applies)
Common DIY Prenup Mistakes to Avoid
- Signing too close to the wedding date (creates duress risk)
- Failing to fully disclose all assets and debts
- Including provisions about child support or custody
- Using vague or ambiguous language
- Not having the agreement witnessed or notarized
- Not having both parties reviewed by independent attorneys
- Failing to update the agreement after major life changes