#52 · 2026-09-27 · Legal term
Premarital agreement
Answer: Premarital agreement. A premarital agreement is a contract entered into before marriage, ordinarily effective upon marriage, that sets financial terms—such as property division and spousal support—if the marriage ends or a spouse dies. States vary; many follow the Uniform Premarital Agreement Act, and provisions encouraging divorce are unenforceable.
Rule to remember
Premarital agreement (also called a prenuptial or antenuptial agreement) is a contract entered into by prospective spouses before marriage to set terms for separation or death, typically addressing property division and spousal support.
Key elements and checks
- Form: In most states, it must be in writing and signed by both parties.
- Voluntariness: It must be entered into voluntarily; coercion or duress undermines enforcement.
- Timing: Executed before marriage and ordinarily effective upon marriage.
- Scope: Commonly addresses property rights and modification or elimination of spousal support.
- Public policy: Terms that unreasonably encourage divorce or separation are unenforceable.
- State variation: Enforceability standards and subjects vary by state; many states follow the Uniform Premarital Agreement Act (UPAA/UPMAA), including allowing choice-of-law selection.
In the source’s words
“A prenuptial agreement, also known as antenuptial agreement, premarital agreement, or prenup, is a contract entered into prior to marriage setting the terms for separation.”
Wex: prenuptial agreement (LII)
“In most states, an antenuptial agreement must be in writing and signed by both parties. The agreement must also be made voluntarily.”
Wex: antenuptial agreement (LII)
Meaningful state variation exists. Many states have adopted versions of the UPAA/UPMAA, but requirements and scrutiny (e.g., voluntariness and fairness) differ by jurisdiction. Courts will not enforce provisions that contravene public policy, including those that encourage divorce.