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Prenuptial Agreement

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Financial Statement Disclosure Information

This financial statement disclosure is for use in connection with a premarital agreement and should be completed accurately and completely. This statement should contain a full disclosure of all your assets and liabilities. You should initial each page and sign the last page. Your prospective spouse should also sign the last page acknowledging receipt.

Both persons must complete a separate financial statement and provide it to the other party. Two forms are enclosed, one for each party.

This form can be completed in Word or printed and completed by hand.

If you require additional space, please attach additional pages for the sections you need to expand.

PERSONAL FINANCIAL DISCLOSURE STATEMENT

To: Date:

Individual Information

Name:

Address:

City: State: Zip:

Occupation:

Phone:

Current Assets / Current Liabilities

Cash on Hand or in Banks:

Other Cash:

Real Estate (other than residence Schedule A):

Residence:

Motor Vehicles (Schedule B):

US Government Securities (Schedule C):

Non-Marketable Securities (Schedule D):

Stocks (Schedule E):

Other Personal Property:

Life Insurance Cash Value:

Business IRA:

Notes Receivable:

Other Assets:

Personal IRA:

Antiques:

Partnership Assets:

Notes Payable (Secured) (Schedule F):

Notes Payable (Unsecured) (Schedule G):

Real Estate Mortgages Payable (Schedule H):

Auto Loans (Schedule I):

Unpaid Taxes and Interest:

Due to Brokers:

Open Accounts:

Credit Cards (List):

Visa:

Other:

Residential Mortgage:

Total Liabilities:

TOTAL OF ALL ASSETS:

LESS TOTAL OF ALL LIABILITIES:

NET WORTH:

Total Assets:

Individual Income Information (Annual)

Salary:

Bonus:

Commissions:

Dividends:

Rental Income:

Other Income (List):

Total Income:

Contingent Liabilities

Guarantor, Co-maker:

Lease or Contracts:

Legal Claims:

Other:

SCHEDULE “A” REAL ESTATE

Description of Real Estate Cost Market Value Date Acquired

SCHEDULE “B” MOTOR VEHICLES

Description of Motor Vehicles Cost Value

SCHEDULE “C” U.S. GOVERNMENT SECURITIES

Description of Stock or Bond Date Acquired Par Value Market Value

SCHEDULE “D” NON MARKETABLE SECURITIES

Description Date Acquired Par Value Market Value

SCHEDULE “E” STOCKS

Company Shares Date Acquired Par Value Market Value

SCHEDULE “F” NOTES PAYABLE SECURED

Description Date Balance Payment (m/yr)

SCHEDULE “G” NOTES PAYABLE UNSECURED

Description Date Balance Payment (m/yr)

SCHEDULE “H” REAL ESTATE MORTGAGES

Description Date Balance Payment (m/yr)

SCHEDULE “I” AUTO LOANS

Description Date Balance Payment (m/yr)

CERTIFICATION TO FINANCIAL STATEMENT

I certify this Statement to be true and correct as of the date indicated; that this financial statement is a full and fair disclosure of my assets; and that I provided a true and correct copy of this financial statement to on .

Signature

Date:

I acknowledge receipt of this financial statement and disclosure.

Signature

Date:

Initials:

Initials:

Initials:

Initials:

Enter text

What a Prenuptial Agreement Is and When It's Used

A Prenuptial Agreement is a written contract entered into by two people before marriage that allocates property rights, debts, and financial responsibilities during the marriage and in the event of separation, divorce, or death. It can define spousal support, protect business ownership and premarital assets, and set expectations for financial management. Prenuptial agreements are governed by state contract and family law; most U.S. jurisdictions treat a properly executed prenup as enforceable subject to disclosure, fairness, and voluntary execution standards.

Why Parties Use a Prenuptial Agreement

A Prenuptial Agreement clarifies financial expectations, protects premarital assets and business interests, reduces litigation risk, and preserves estate plan objectives while offering certainty to both parties under state contract law.

Why Parties Use a Prenuptial Agreement

Who Typically Prepares or Signs a Prenuptial Agreement

The agreement is often drafted with independent legal advice for each party to strengthen enforceability and reduce later disputes.

  • Engaged couples with significant premarital assets or business interests
  • Individuals seeking to protect inheritance or estate plans
  • Parties with prior marriages, children, or complex debts

Step-by-Step: Completing a Prenuptial Agreement

Follow these sequential steps to draft, review, and execute a prenuptial agreement correctly.

  • 01
    Draft: Outline assets, debts, and proposed terms; use clear legal language.
  • 02
    Full Disclosure: Exchange complete financial statements and supporting documents.
  • 03
    Independent Review: Each party obtains separate legal counsel to review terms.
  • 04
    Execution: Sign in the required format, with notarization or witnesses as applicable.

Configuring an Online Prenuptial Agreement Workflow

Set document fields and authentication to match legal and practical needs before sending for signature.

Field Configuration
Authentication Level Email link, SMS code, or higher-level ID verification
Signature Order Specify sequential or parallel signing order
Required Attachments Attach financial disclosure schedules or exhibits
Retention Settings Enable audit trail and export signed PDF

Typical eSigning Flow for a Prenuptial Agreement

An electronic workflow streamlines review, signature, and recordkeeping while preserving evidence of execution.

  • Prepare Document: Upload contract and place signature/date fields.
  • Add Parties: Enter signer names and email addresses.
  • Authenticate: Choose signer authentication level for identity assurance.
  • Complete and Archive: Capture audit trail and save signed copy for records.

Technical and Platform Considerations

Ensure chosen platform can produce an audit trail, export signed documents, and meet any required compliance such as ESIGN and UETA.

  • Supported Formats: PDF and Word DOCX
  • Integrations: NetSuite, Salesforce, Google Workspace
  • Authentication: Email, SMS, KBA, or advanced methods

Essential Elements to Include in a Professional Prenuptial Agreement

A comprehensive agreement addresses ownership, support, disclosure, and dispute resolution with precise language to reduce litigation risk.

Asset Definitions

Define separate, marital, and community property with schedules or exhibits listing bank accounts, investments, real property, and business interests to avoid ambiguity.

Debt Allocation

Identify premarital and marital debts and assign responsibility for repayment, including contingencies for future liabilities and joint-credit obligations.

Spousal Support Provisions

Specify waivers, caps, or formulas for alimony or maintenance, ensuring terms are not unconscionable under applicable state law.

Estate Planning Coordination

Address wills, trusts, and beneficiary designations so the agreement supports estate objectives and clarifies inheritance expectations.

Business Interests

Protect ownership percentages, valuation methods, buy-sell triggers, and management rights when a party owns a business or professional practice.

Dispute Resolution

Include choice of law, venue, and alternative dispute resolution clauses such as mediation or arbitration to limit courtroom exposure.

Required Information Typically Collected

Party Names: Full legal names
Addresses: Street, city, state, ZIP
Asset Schedules: Account numbers omitted
Debt Lists: Creditor names
Execution Dates: Signing and effective dates
Witness Info: Notary and witness names

Common Legal Risks and Consequences

Enforceability Risk: Set-aside for unfair terms
Disclosure Failures: Can invalidate agreement
Duress Claims: Execution under pressure voids consent
Improper Execution: Missing notarization or witnesses
Ambiguous Language: Leads to litigation
Statutory Exceptions: Family law limits may apply

Frequent Preparation Mistakes to Avoid

  • Waiting until the last minute before a wedding, which increases claims of coercion or duress and may jeopardize enforceability.
  • Failing to exchange full financial disclosure, leaving incomplete schedules that courts may interpret against the drafting party.
  • Using vague phrases like 'reasonable amount' for support or asset division rather than specific formulas or fixed terms.
  • Not obtaining independent legal advice for each party, reducing the agreement's strength in later court review.

Signing, Authentication, and Notarization Steps

These steps show a typical sequence to authenticate and finalize a prenup so it meets legal requirements.

01

Prepare Draft

Finalize terms and attach schedules.

02

Exchange Disclosures

Share financial statements in writing.

03

Independent Counsel

Each party consults separate attorney.

04

Revise as Needed

Incorporate counsel feedback and edits.

05

Sign in Presence

Execute with required witnesses or notary.

06

Notarization

Notary acknowledges signatures if needed.

07

Archive Copies

Provide signed copies to both parties.

08

Update Later

Amend through written, signed addendum.

eSignature Pricing and Feature Comparison for Prenuptial Workflows

Compare basic pricing and core features that matter when distributing and signing legal agreements; signNow appears first in the comparison per licensing data.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Practical Tips for Accurate and Efficient Completion

Follow these practices to reduce enforceability challenges and speed execution.

Begin Early and Provide Time
Start drafting well in advance of the wedding date and allow both parties time for independent counsel to reduce duress claims and improve the appearance of voluntariness.
Exchange Complete Financial Disclosure
Provide detailed asset and debt schedules with supporting statements; incomplete disclosures are a common basis for attack in court.
Use Clear, Specific Language
Avoid ambiguous terms and define valuation methods, dates, and formulas for support to minimize court interpretation issues and litigation costs.
Document Execution Steps
Record notarization, witness details, and the parties' acknowledgments in the final agreement to preserve an evidentiary record of proper signing.

Sample Use Cases for Prenuptial Agreements

These hypothetical examples illustrate common ways prenuptial agreements are used without representing actual client outcomes.

Family Business Protection

A business owner clarifies that premarital equity remains separate property

  • Owner defines buyout formula upon divorce
  • The clause reduces business disruption and preserves management control for successors.

Estate Coordination

A parent with children from a prior marriage protects inheritance interests

  • Agreement sets spousal support and property allocation formulas
  • The document aligns the couple's estate planning goals and reduces post-mortem disputes.

Frequently Asked Questions About Prenuptial Agreements

Answers below address common legal and practical questions about validity, execution, and electronic signing in the United States.


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