Prenuptial Agreement Template

Yes if drafted correctly, but each state applies different enforceability tests. 28 states + DC follow UPAA 1983 §6 (uniform standards: voluntary, full disclosure or written waiver, not unconscionable). CO, ND adopt the modernized UPMAA 2012. CA Family Code §1615(c) layers stricter rules — 7-day waiting period mandatory (added 2002 post-In re Marriage of Bonds 24 Cal.4th 1), independent counsel required for spousal-support waivers (no waiver allowed); NY DRL §236(B)(3) needs deed-acknowledgment formalities; FL §61.079 applies the Casto v. Casto fairness test; TX Family Code §4.001 follows Marsh v. Marsh. McJG (cited in SERP "5 Mistakes That Doom a Prenup") + Hekmat Family Law confirm three top voiding reasons: (1) incomplete asset disclosure (Schedule A missing assets), (2) duress (signed day-of-wedding — Bonds explicitly), (3) unconscionable terms leaving spouse on public assistance. Pricing comparison: LegalTemplates SERP-2 $39, LawDepot SERP-3 $39/mo, Docusign SERP-1 $30/mo, Blank Rome SERP-4 $5K-15K attorney retainer; iFillPDF generates the same UPAA + state-overrides template for $0 — but always pair with independent counsel for support waivers per CA §1615(c)(2)(A).

Legally yes in most states, but very risky. Independent legal counsel for each party is the single biggest factor courts use to determine voluntariness. CA Family Code §1615 voids any spousal-support waiver if the waiving party did not have independent counsel. Even where DIY is allowed, expect higher rates of partial or full invalidation in divorce.

Minimum 7 calendar days in California per Family Code §1615(c)(2)(C) — added by SB-78 (2002) directly in response to In re Marriage of Bonds (24 Cal.4th 1, 2000) where Barry Bonds' baseball-career prenup was signed the day before the wedding and ultimately upheld but only after years of litigation. UT Code §30-8-4 also imposes 7-day rule. Most AAML (American Academy of Matrimonial Lawyers) family-law attorneys recommend 30–60 days minimum across all states — gives both parties time to review, negotiate, retain independent counsel (mandatory in CA for support waivers), exchange Schedule A/B disclosure with at least 7 clear days for review, and rebuts any "signed under duress" argument under UPAA §6(a)(1). Signing the day before or week of the wedding is the #2 voiding reason after incomplete disclosure (per McJG SERP "5 Mistakes" + Hekmat Family Law). Even "lifestyle clauses" (weight maintenance, social-media restrictions) are unenforceable in 47 states — courts won't police private morality.

Child custody and child support — courts decide these in the child's best interest at the time, not by parental contract. Anything that "promotes divorce" (e.g. payment for getting divorced). Illegal provisions. "Lifestyle clauses" (weight maintenance, chore lists) are unenforceable in most states. Personal/non-financial matters generally cannot bind.

Yes — any modification or revocation must be in writing, signed by both spouses, and (in most states) notarized. Some states require the same formalities as the original prenup (separate counsel, full disclosure). A postnuptial agreement is the proper vehicle for changes after the wedding.