Prenuptial Agreement template

Free prenup agreement template

A prenuptial agreement (often called a prenup) is a legal document that sets out the financial terms for a marriage before saying "I do." It typically includes details on property ownership and what happens financially in a potential divorce or separation, with the main goal of protecting both individuals and creating clear expectations, so you can focus on the important stuff - like planning for the wedding!

And Docusign is here to help you navigate this conversation. Our free prenup agreement template provides the standard sections for outlining your assets and terms. The form is designed to be easy to edit and customize online, allowing you to create an agreement that reflects your specific situation. Once completed, you can download, print, or send it through Docusign for secure, private signatures. Click on our sample prenup template below:

To start your marriage and go into your honeymoon with financial clarity, a prenup is a smart and practical choice. Using the Docusign prenuptial template to create and sign your agreement ensures the process is simple, secure, and properly documented. Protect your individual assets and take a proactive step for both of your futures with our prenup agreement form. Just register for a (or sign into your) free Docusign account.

What is a prenuptial agreement?

A prenuptial agreement, commonly called a prenup, is a legal contract signed by a couple before marriage that outlines the division of assets, debts, and financial responsibilities in the event of divorce, separation, or death. Prenups can also address spousal support, inheritance, and management of family-owned businesses. A well-drafted prenuptial agreement provides clarity, reduces conflict, and can protect both parties’ financial interests.

When do you need a prenuptial agreement?

A prenuptial agreement is especially useful when couples want to:

• Protect significant assets or family inheritances

• Establish financial responsibilities during the marriage

• Clarify spousal support obligations

• Safeguard business interests or intellectual property

• Plan for blended families or children from previous marriages

Prenups can help prevent disputes and provide legal certainty if the marriage ends or one spouse passes away.

What is included in a prenuptial agreement?

A prenuptial agreement should include the following clauses and elements:

• Identification of parties and intent: Names and addresses of both parties and statement of intent to marry and enter into the agreement.

• Full and fair disclosure: Both parties must fully disclose all assets, liabilities, income, and financial obligations. The agreement should contain a clause acknowledging that both parties have provided full and fair disclosure to each other.

• Separate property: Clear definition and identification of property that will remain separate (owned individually before or acquired by gift/inheritance during marriage).

• Marital/community property: Clear definition and identification of property that will be considered marital or community property (acquired during the marriage).

• Debt responsibility: Specification of how debts incurred before and during marriage will be handled and who will be responsible.

• Spousal support/alimony: Statement regarding whether spousal support/alimony will be paid in the event of divorce, including any waivers or limitations (subject to state law).

• Voluntary execution: Statement that both parties are entering into the agreement voluntarily, without coercion, duress, or undue influence.

• Acknowledgment of independent legal counsel: Statement that both parties had the opportunity to seek independent legal advice (recommended, and required in some states).

• Effective date and duration: Clause stating that the agreement becomes effective upon marriage and how long it will remain in effect.

• Governing law: Specification of which state’s law will govern the agreement.

• Signatures: The agreement must be signed by both parties. In many states, notarization or witnessing is strongly recommended and sometimes required.

Additional (optional) provisions

• Sunset clause: Specifies a date or event after which the prenup expires or becomes void.

• Provisions for children from prior relationships: Clarifies financial arrangements for children outside the marriage.

• Lifestyle clauses: Addresses issues such as infidelity, religious upbringing, or other personal matters (though these may not be enforceable in court).

• Business interests: Details division or protection of ownership in family businesses or professional practices.

• Retirement benefits: Specifies handling of pensions, retirement accounts, or future benefits.

• Gifts and inheritances: Addresses how gifts or inheritances received during marriage are treated.

• Dispute resolution: Outlines methods for resolving disputes (e.g., mediation or arbitration).