Do I Need a Prenup? Why Prenups Are a Smart Move for Every Couple

In this article:

• What Is a Prenup?
• Things Prenups Can (and Can’t) Contain
• Why Consider One?
• The Process and Timeline
• Starting the Conversation
• Common Misconceptions About Prenups
• What About Postnups?
• Conclusion

Prenups are having their moment – especially now, when it feels like every news cycle features another high-net-worth engagement. This raises the question: are prenuptial agreements just a celebrity fad, or are they something of real value that everyday couples should consider?

A 2023 Harris Poll states that “41% of Gen Z and 47% of Millennials who are engaged or have been married said they entered a prenup.” Half of U.S. adults state that they’re open to signing a prenup, up 8% from the 2022 survey.

The truth is, prenups aren’t just for the rich or famous. They’re practical, personal, and deeply protective. The idea behind a prenup is to help any couple build a marriage on honesty, transparency, all while knowing their present and future assets are protected.

What Is a Prenup? 

Legally, a prenuptial agreement – or prenup – is a valid and legally enforceable contract that two people enter into before marriage which outlines how assets (such as bank accounts, real estate, or retirement savings), debts, and even future spousal support will be handled in the event of divorce, or even the death of one spouse.

Beyond the legal language, a prenup is really a roadmap. Think of it as a guide that helps you and your partner navigate your financial life together. It promotes transparency, fairness, and shared expectations, which sets the stage for a marriage rooted in communication and trust, and provides a safety net should the marriage end.

Contrary to the stigma, a prenup is designed to be protective for both parties rather than overtly one-sided. When preparing for the unexpected, wouldn’t you rather have a plan created when you and your partner were happiest, most aligned, and planning your life together, rather than one crafted in the midst conflict or uncertainty? With a prenup, you and your partner get to design this plan together and have something to lean on just in case the unexpected occurs.

Things Prenups Can (and Can’t) Contain 

Prenups can outline how you and your spouse will divide property, manage savings, or handle business interests, retirement accounts, and debts. They can also address personal matters such as pet custody, division of personal property, and how future inheritances will be treated. Some couples even include lifestyle clauses, such as how to handle joint investments, or what happens if one partner steps away from work to raise a family.

However, prenups cannot outline child custody or child support arrangements. Those are determined by law centered around the child’s best interests. Courts also won’t enforce any terms that are illegal, unfairly one-sided, or agreements that were entered into under fraud, duress or coercion. 

Why Consider One? 

You might not have significant assets now, but life changes. You and your spouse could start a business, receive an inheritance, or accumulate savings and investments over time. From the date of marriage until a divorce is filed, many assets a couple accumulates are deemed marital unless otherwise determined separate under the law, or as defined in a prenup.

A prenup ensures both partners are on the same page about how both separate and shared assets are defined, protected, and ultimately distributed. It can help reduce confusion, avoid future disputes, and encourage financial transparency at the time of marriage. 

The Process and Timeline 

The first step in getting a prenup is simple: talk about it with your partner. Whether before or after the engagement (but significantly before your wedding), having the conversation early makes everything go smoother. It may feel daunting, but it also opens the door to important discussions about money, goals, and expectations. This kind of transparency strengthens relationships.

Each partner should retain their own attorney from different law firms. Your attorneys will draft and review the agreement to ensure it aligns with both of your goals and protects each person’s interests. Because prenups take time, it’s best to start early. The ideal goal would be to execute the agreement during the month you plan to marry.

When you meet with your attorney, come prepared. Bring documentation of your assets, debts, and financial accounts as close to the date of marriage as possible. For personal savings or investment accounts, provide clear records of what you own prior to marriage. That’s how you preserve its status as a separate property. 

Starting the Conversation 

When bringing up a prenup, how you frame it matters. The heart of the conversation should always be love and partnership. A prenup is about protecting each other just in case. It allows both parties to collaborate in evaluating interests they want protected or shared in preparation of merging their lives together. Approaching the conversation in a collaborative mindset is one key in ensuring each person's goals and fears are addressed during this process.

Start early so there’s no surprise or pressure. Encourage your partner to speak with their own attorney and to share their thoughts openly. Your partner may have misconceptions or fears, so it’s important to listen without judgment. Acknowledge those feelings and focus on the shared goal of creating a strong, honest financial foundation that will be the bedrock of your marriage.

Pro tip: Use collaborative language like “we” and “us.” This will help to remind each other that the prenup isn’t about anticipating an ending but about setting up a safety net in case there is one.

Common Misconceptions About Prenups 

• “I don’t have any assets to protect.” 
  Maybe not now, but that can change. A prenup grows with you, and can include language to protect future assets gained after the marriage, like a business, home, or retirement savings.

• “Prenups are only for rich people.” 
  High-net-worth couples make headlines, but prenups serve anyone who wants to be in charge of the division of their own assets. So, what’s the difference between your prenup and Taylor Swift and Travis Kelce’s? Probably just the number of zeros.

• “It’s too awkward to talk about.” 
  Not if you approach it for what it is – a shared plan for your future. Many couples find that discussing prenups actually deepens their communication and strengthens their relationship.

• “A postnup is the same thing.” 
  A postnup serves a similar purpose but is signed after marriage and is often prompted by major life changes. It’s always better to plan ahead if you can.

• “We can just deal with it later.” 
  Waiting can complicate things. Prenups are clearest and most enforceable when created before the wedding with ample time for each party to review and consent to its terms.

• “Bringing it up means I don’t trust my partner.” 
  A prenup is all about trust and transparency. It encourages open and realistic communication about money, which is one of the leading causes of marital tension. Both parties also have plenty of opportunity throughout the drafting process to review the agreement and include provisions that are important for their own circumstances. It does not have to be a one-sided agreement, and the process is quite collaborative.

• “It’s planning for divorce.” 
  Having a prenup is not about expecting the worst, it’s about being prepared for anything. Just like insurance or an estate plan, it offers peace of mind, even if you never need it. After all, you can always plan the future, but you cannot go back in time. A prenup is a safety net, you may never even think about it again after signing it, but you may wish you had one at the time of a divorce.

What About Postnups? 

Sometimes, life changes after you’re already married. That’s where postnuptial agreements come in. A postnup can be helpful if one partner launches a business, takes on new debt, or if you both simply want clearer financial expectations.

Like a prenup, a postnup works best when both partners are transparent about their finances, have independent counsel, and agree to fair terms that reflect current circumstances. Postnups can strengthen trust and provide peace of mind as your marriage continues to evolve. It can even act as an amendment to your prenup as you and your partners financial goals shift. 

Conclusion 

So, who should get a prenup? Everyone. 

Discussing a prenup doesn’t have to be awkward or transactional. When framed as part of your wedding planning, or as a roadmap for your shared financial future, it becomes a tool for trust, transparency, and collaboration. By setting expectations early, you and your partner can focus on what truly matters: enjoying a strong, lasting marriage built on communication and respect.

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