You’ve decided to get a prenup. Now comes the part that trips most couples up: actually figuring out what to put in it.
The good news is that prenuptial agreements follow a consistent structure. The same core categories appear in virtually every valid prenup, with individual customization on top depending on your situation. This checklist covers every section you should address — organized so you can work through it with your partner before you even talk to an attorney or open an online platform.
Use it as a conversation guide, a preparation tool before your first attorney meeting, or a way to make sure your drafted agreement hasn’t missed anything important. Couples who arrive at the drafting stage already aligned on these questions consistently report faster, cheaper, and less stressful prenup processes.
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Before You Start: The Non-Negotiable Legal Requirements
Before getting into the content of your prenup, every agreement must meet these baseline requirements to be enforceable. Think of these as the rules of the game — the content only matters if the document itself is legally sound.
Legal Validity Checklist
| Critical Reminder Full financial disclosure is the single most common reason prenups get thrown out in court. Both partners must disclose everything — not just the assets they want to protect, but all debts, income sources, and financial obligations. Hiding a debt or omitting an account can void the entire agreement. |
Section 1: Financial Disclosure Schedule
This isn’t optional — it’s a legal requirement. Both partners must prepare a complete financial snapshot before the prenup is finalized. This schedule is typically attached to the back of the final agreement as an exhibit.
Each Partner’s Financial Disclosure
Section 2: Property Classification
This is the foundation of any prenup — defining what belongs to whom. Without clear classification, state default laws take over, which may not reflect what either of you actually wants.
Separate vs. Marital Property
Section 3: Debt Allocation
Debt is just as important to address as assets — and it’s the section most couples skip. In many states, marrying someone means exposure to their debt. This section removes that ambiguity.
Debt Allocation Provisions
Section 4: Spousal Support / Alimony
Without a prenup, courts determine alimony based on state laws and circumstances at the time of divorce. With one, you set the terms now — when both of you are thinking clearly and fairly.
Spousal Support Provisions
Section 5: Business Interests
For business owners, this section is one of the most critical in the entire document. Without clear prenup language, a divorce can force a business valuation, partner buyout, or sale of equity.
Business Protection Clauses
Section 6: Inheritance and Estate Planning
A prenup can coordinate with your estate plan to ensure the right assets go to the right people — especially important for anyone with children from a prior relationship.
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Inheritance and Estate Provisions
Section 7: Financial Management During the Marriage
A prenup isn’t just about divorce — it can also set clear rules for how finances work during a healthy marriage, preventing common money conflicts before they start.
During-Marriage Financial Terms
Section 8: The Details People Often Forget
These are the clauses that most couples skip — and later wish they hadn’t.
Often Overlooked but Important
What NOT to Include
Including certain provisions can weaken the entire agreement — or get the whole thing thrown out. Leave these out:
- Child custody and child support — courts always retain authority over these
- Anything illegal, fraudulent, or clearly unconscionable
- Personal conduct requirements (weight, appearance, behavior) — unenforceable in most states
- Terms designed to incentivize or punish divorce
- Anything that contradicts your state’s specific prenup statutes
Before Signing: Final Checklist
Before You Sign
| Ready to Draft Your Prenup? HelloPrenup walks you through every section of this checklist interactively. State-compliant, attorney-reviewed, from $599 per couple. → Get started with HelloPrenup → |
Frequently Asked Questions
What should be on a prenup checklist?
A complete prenup checklist covers financial disclosure, property classification (separate vs. marital), debt allocation, spousal support terms, business interests, inheritance protection, financial management during the marriage, and details like pet custody and digital assets. Both partners should work through each section before drafting begins.
What documents do I need before getting a prenup?
Gather statements for all bank, investment, and retirement accounts; property deeds and mortgage statements; business ownership documents; a list of all debts with balances; recent tax returns or proof of income; and details of any expected inheritances or trusts. Full financial disclosure is legally required and must be attached to the final agreement.
Can I make my own prenup checklist?
You can absolutely prepare your own list of priorities and financial disclosures before working with an attorney or online platform. In fact, couples who arrive at the drafting stage already organized and aligned consistently complete the process faster and for less cost. This article’s checklist is a solid starting framework.
What is the most important thing to include in a prenup?
Full financial disclosure is the most legally critical element — it’s the most common reason prenups are thrown out in court. Beyond that, property classification (what’s separate vs. marital) and debt allocation are the most practically impactful provisions for most couples.
Related articles:
What to Ask for in a Prenup — For Women
What to Ask for in a Prenup — For Men