Jul 14, 2025

The Ultimate Guide to Prenups in 2025: What to Include, Avoid, and Prepare For

Organized prenup planning materials including labeled folders and a financial checklist.
Organized prenup planning materials including labeled folders and a financial checklist.

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.

Goat Answer Team

Goat Answer Team