Can I Write My Own Prenuptial Agreement?

A prospective spouse can write a prenuptial agreement alone or in collaboration with the other future spouse. A prenuptial agreement is a contract between two prospective spouses that outlines how marriage matters are to be resolved. The agreement is made in anticipation of marriage. It must be in writing and voluntarily entered into by both parties. Some of the matters addressed in a prenuptial agreement include the division of property upon divorce, designation of separate and marital property for divorce purposes, spousal support, financial obligations in the marriage, incapacity of a spouse, and terms of a will or trust.

Although a person or couple can write a prenuptial agreement, they are still subject to the same laws regarding prenups as would a licensed attorney. Domestic relations and contract laws can be complex and require extensive knowledge and understanding of state and federal laws. A person can write their own prenuptial agreement without an attorney. However, it is best to have an experienced attorney write the agreement to protect and preserve the rights and obligations of both parties. Suppose a person or couple decides to write their own agreement. In that case, they should have a knowledgeable attorney review the agreement to ensure that it is valid, enforceable and contains all of the terms, conditions, and matters that both parties to the contract want after full disclosure and voluntary agreement.