Not a law firm · Preface provides general legal information and self-help document drafts. It is not a law firm and does not provide legal advice.
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What your state already decided for you

Pick your state to see the default rules — what happens to your money, home, business, and support if you sign nothing. These are the terms you’re agreeing to by default.

What makes one of these hold up

A draft is only worth the paper it’s on if it’s done right. Courts look for these — Preface is built around them:

1

In writing and signed by both

Oral marital agreements are not enforceable.

2

Voluntary — no duress

Signing the night before the wedding is a classic way to get an agreement thrown out. Give it time.

3

Full and fair financial disclosure

Each party must know what the other actually has. That’s why Preface builds a disclosure schedule with you.

4

Not unconscionable

A grossly one-sided deal invites a court to set it aside.

5

Independent counsel for each party

Each of you should have your own lawyer review it. This is the single biggest factor in whether it holds up.