Answers to the Most Common Questions About Prenups and What Makes Them Enforceable

Prenuptial agreements are more common than ever, but they’re also widely misunderstood.

Here are real answers to the most searched questions about prenups, enforceability, and what makes one hold up in court.

What Makes a Prenup Invalid?

A prenup may be ruled invalid if:

• It was signed under pressure or too close to the wedding.

• One party didn’t have the chance to review it with a lawyer.

• There wasn’t full financial disclosure.

• It contains unfair or one-sided terms.

• It didn’t follow your state’s legal procedures.

To protect your prenup, both parties should sign voluntarily, well in advance of the wedding, with complete transparency and ideally separate legal counsel.

Read: 7 Mistakes That Can Invalidate a Prenup

Can You Write Your Own Prenup?

Yes, you can draft your own prenup. But without legal review, it's risky.

DIY prenups often fail because of:

• Vague or unclear language

• Missing financial disclosures

• Improper notarization or execution

• Failure to follow state-specific rules

Can you write your own prenup and have it notarized? Yes, but notarization alone doesn't make it enforceable. Your agreement still needs to comply with state law and withstand legal scrutiny.

That’s why it's smart to use a planning tool like the AI Prenup Advisor to organize your goals and flag risks before you bring your draft to a lawyer.

How Do I Do a Prenup Without a Lawyer?

You can start on your own by outlining your financial picture, your goals, and what you want to include. But to make it legally binding, you'll still need a lawyer to finalize the agreement.

The AI Prenup Advisor helps bridge the gap by:

• Providing a customized prenup checklist

• Highlighting state-specific risks and requirements

• Offering sample clauses and phrasing

• Helping you walk into legal meetings fully prepared

Also Read: Lawyer vs DIY Prenup — Which One’s Right for You?

What Should a Prenup Not Include?

Avoid including:

• Child custody or child support provisions

• Anything illegal

• Clauses that encourage divorce

• Unfair, extreme, or manipulative terms

Stick to financial matters: asset division, debts, business ownership, and spousal support. For a comprehensive breakdown of what to include, refer to our Prenup Checklist.

Does a Prenup Protect Your Money?

Yes — a well-structured prenup can:

• Keep your business and assets separate.

• Clarify what’s considered marital vs. individual property.

• Define debt responsibilities

• Protect future earnings or inheritances.

• Establish expectations around spousal support.

This is about protecting what you’ve built, or what you expect to develop, in a way that’s fair and enforceable.

Do I Need a Prenup If I Don’t Have Many Assets?

Absolutely. Many people assume prenups are only for the wealthy, but that’s not true.

If you:

• Plan to start a business.

• Expect future equity, bonuses, or stock options.

• Could inherit property or wealth

• Have debt or want to protect future income.

Then a prenup can help protect your future self, not just your current assets.

Read: Why You Might Need a Prenup — Even Without Major Assets

How Do I Protect My Prenup from Being Thrown Out?

Follow these core principles:

• Start early - don’t wait until the last minute.

• Disclose everything - assets, debts, income, and future expectations.

• Avoid vague or overly one-sided terms.

• Ensure both parties have separate legal counsel.

• Make sure the document complies with your state’s legal process

Using a tool like the AI Prenup Advisor helps you avoid most of the common mistakes before you get to the legal stage.

How Long Does a Prenup Last?

A prenup typically lasts indefinitely, unless it includes a sunset clause.

A sunset clause causes the prenup to expire after a specific number of years or upon a life event, such as the birth of a child. Without that clause, the agreement remains in effect for the duration of the marriage.

The AI Prenup Advisor can help you decide whether a sunset clause is proper for you based on your long-term goals.

Do You Need a Prenup for a Domestic Partnership?

If you're in a domestic partnership rather than a legal marriage, the laws vary significantly by state.

Some states grant property rights to domestic partners that are similar to those of married couples. Others offer minimal protection. In such cases, a cohabitation agreement may be more suitable than a prenuptial agreement.

The AI Prenup Advisor can help you explore the type of agreement that best fits your relationship structure and state requirements.

Want a Smarter Way to Prepare for a Prenup?

The AI Prenup Advisor is a free tool that helps you:

• Understand what makes a prenup enforceable.

• Avoid legal mistakes that can cost you later.

• Create a personalized prenup checklist.

• Prepare for conversations with your partner or attorney.

• Explore whether a prenup, postnup, or cohabitation agreement is right for you.

No pressure. No jargon. Just clarity.

Try the AI Prenup Advisor now, fast, free, and tailored to your situation.