How to Get a Prenup: Step by Step (2026)

To get a prenup (a prenuptial agreement), agree with your partner on what it is for, exchange full financial disclosure, choose a route, get independent review for each of you, draft and negotiate, then sign and notarize before the wedding. If you are engaged and asking how rather than whether, the hard conversation is already underway.

What are the six steps to get a prenup?

Every route, from a free template to two family law attorneys, passes through the same six steps to make a prenup; the route changes who does the work and what it costs, not the sequence.

1. Talk and agree on goals before anyone drafts a word.
2. Exchange full financial disclosure in writing.
3. Choose a route: template, online platform, online platform with attorney review for each partner, or two traditional attorneys.
4. Get independent review for each partner.
5. Draft and negotiate, leaving out what a prenup cannot decide.
6. Sign and notarize three to six months before the wedding, with your state's timing rule built in.

Step 1: What do you both want the prenup to do?

A prenup can keep what each of you brings into the marriage separate, decide how a business or an inheritance is treated, and address debts and spousal support. Agreeing on the big decisions first means whoever drafts the agreement is recording a shared plan rather than refereeing a dispute; with hourly attorneys, every round of disagreement is billable.

If one of you has not raised the subject yet, our guide on how to bring up a prenup with your partner covers the opening. Two questions do most of the work: what does each of us own and owe, and if one of us steps back from work to raise children, how should that be reflected? You do not need final answers yet, only a map of where you agree and where you do not.

Step 2: Why does full financial disclosure come before drafting?

Because the statutes say so, in nearly identical words. Under Texas Family Code §4.006, a prenup is unenforceable if the partner challenging it proves it was unconscionable when signed and that, before signing, they were not given "a fair and reasonable disclosure of the property or financial obligations of the other party," did not waive disclosure in writing, and could not reasonably have known the other's finances. Florida Statutes §61.079(7) applies the same three-part test, and California Family Code §1615(a) asks for a "fair, reasonable, and full disclosure."

Disclosure means each of you prepares a written schedule of what you own and owe: accounts, retirement savings, real estate, business interests, expected inheritances, debts, and income. The schedules attach to the agreement as exhibits, a record of what each of you knew when you signed. Our prenup checklist lists what to gather, and a separate explainer covers why disclosure carries so much weight in a later challenge. Round numbers are fine for a balance that moves daily; a missing asset is not.

Step 3: Which route should you take?

Four routes lead to a signed prenup. They differ in cost, time, and whether each of you has your own attorney. The cost and time ranges in the table are from our 2026 prenup cost breakdown, updated September 22, 2026.

A template is the cheapest way to see the shape of an agreement and the riskiest way to sign one, because state formalities and disclosure rules are where prenup templates fall short. A guided online platform asks the questions an attorney would ask and drafts from the answers; adding attorney review for each partner puts a lawyer on each side at a flat price, the process our guide to prenups with two independent attorneys describes end to end.

One state rule shapes this choice more than any other. In California, a prenup that waives or limits spousal support requires that each party be represented by independent counsel for the waiver to be enforceable, under Family Code §1612(c), so the two routes without counsel cannot carry that term there.

Step 4: Why does each partner need independent review?

Because a prenup puts the two of you on opposite sides of one contract, and a lawyer cannot argue for and against the same term. That is why one lawyer for both partners is weaker than it looks.

Courts care because the first question in any challenge is whether the agreement was signed voluntarily. Under California Family Code §1615(c), a prenup is deemed not to have been signed voluntarily unless the court finds all of the following: that the challenging partner had independent counsel at signing or, after being advised at least seven calendar days before signing to get it, waived it in a separate writing; that the seven-day delivery window in step 6 was met; that an unrepresented partner received a written explanation of the rights they gave up; that there was no duress, fraud or undue influence and that both partners had capacity to enter the agreement; and any other factors the court deems relevant. Texas and Florida list voluntariness first among the grounds for refusing enforcement, and Florida adds "fraud, duress, coercion, or overreaching." Our guide to what makes a prenup enforceable covers the rest of what a court weighs.

Step 5: What can and cannot go in a prenup?

California, Texas and Florida carry near-identical lists of what a prenup may cover: each partner's rights in property "whenever and wherever acquired or located"; what happens to it on separation, divorce or death; wills, trusts and life insurance that carry out the agreement; which state's law governs; and "any other matter" that does not violate public policy or a criminal statute. Texas and Florida also list the modification or elimination of spousal support; California addresses spousal support separately in §1612(c), the independent counsel rule in step 3. New York's Domestic Relations Law §236(B)(3) likewise allows terms on dividing separate and marital property and on maintenance. Our guide to what you can and cannot include in a prenup goes term by term.

The clearest limit is children. All three statutes say that "the right of a child to support may not be adversely affected by a premarital agreement," and a prenup cannot bind a court on custody, which is decided on the child's circumstances when the question arises; our post on whether a prenup can decide custody explains why. Drafting is where your route does its work: a platform turns your answers into a first draft, attorneys redline it, and a few rounds are normal.

Step 6: When should you sign and notarize?

Aim to start three to six months before the wedding and sign at least 30 days before it. A prenup signed days before the ceremony invites the duress argument the statutes name; our post on prenups signed close to the wedding shows how that argument works.

California writes the timing rule into statute. Under Family Code §1615(c)(2)(B), the final draft must be delivered to both parties at least seven calendar days before signing, and the two of you cannot agree to shorten it. Timing rules vary by state, so check yours before you set a date.

Formalities vary too. Texas (§4.002) and Florida (§61.079(3)) require a written agreement signed by both parties. In Florida, a prenup that waives a surviving spouse's rights to elective share, intestate share, homestead, exempt property, and family allowance must also be signed before two subscribing witnesses under Florida law (§732.702), a requirement §61.079(10) leaves in place. New York requires the agreement to be "in writing, subscribed by the parties, and acknowledged or proven in the manner required to entitle a deed to be recorded," which in practice means a notary (the statute also allows a premarital agreement to be acknowledged before a person authorized to solemnize a marriage). Where no statute requires it, notarizing a prenup still gives you a dated record of who signed.

Does a prenup have to be notarized?

Whether a prenup has to be notarized depends on your state. Under the Uniform Premarital Agreement Act, the model law most states follow, a premarital agreement must be in writing and signed by both parties, and each state decides whether to add a notary, an acknowledgment, or witnesses on top of that. Execution rules are where states differ most.

Several states require a notary, by name or in practice. Georgia requires a prenup to be attested by at least two witnesses, one of whom must be a notary public. New York requires the agreement to be acknowledged in the manner required to record a deed, which in practice means a notary. New Mexico and Arkansas require both partners to acknowledge their signatures, which is what a notary provides. Missouri requires a marriage contract that affects property to be acknowledged by each partner or proved by one or more subscribing witnesses, and notarizing is the straightforward way to meet it.

Other states ask only for the writing and both signatures. Delaware requires no notary and no witnesses. In California, Family Code §1611 requires a written agreement signed by both parties, and notarization is not strictly required for enforceability, though it is required if the prenup will be recorded against real property. Arizona and Texas likewise ask for a written agreement signed by both. Florida does as well, with one addition: a waiver of a surviving spouse's rights to elective share, intestate share, homestead, exempt property, and family allowance must be signed before two subscribing witnesses under Florida law.

Even where no statute requires it, notarizing is good practice. A notarized signature is straightforward evidence that both partners signed, it creates a dated record, and it helps deter later claims of forgery or duress. Many states now allow remote online notarization, where a notary verifies your identity and watches you sign over a live video call. Those rules change often, so confirm what your state allows with its secretary of state; our online prenup buyer's guide explains how a remote session works.

Can you write your own prenup and have it notarized?

In most states, you can write your own prenup and have it notarized, but the notary confirms only who signed; whether the agreement holds up turns on voluntary signing, full financial disclosure, fair terms, timing, and your state's signing formalities. In Arizona, for example, couples can legally write their own agreement, though a do-it-yourself prenup is more likely to be challenged or set aside if one partner later argues it failed the state's requirements.

A notary verifies each signer's identity and witnesses the signatures, and in New York, New Mexico and Arkansas the acknowledgment is part of what the statute requires. The questions a court asks in a challenge go further. Under the Uniform Premarital Agreement Act, a court may refuse to enforce a prenup if a partner proves they did not sign voluntarily, or that it was unconscionable when signed and they did not receive fair financial disclosure. Procedural defects, more often than bad clauses, are the most common reason prenups get challenged.

Procedure is where a self-written agreement tends to fall short. A downloaded template is not written for your state; it does not track waiting periods, witness rules, or counsel waivers. In California, the final draft must be delivered to both parties at least seven days before signing, and a prenup that waives or limits spousal support requires that each party be represented by independent counsel for the waiver to be enforceable. Our comparison of a DIY prenup versus a lawyer and our look at what a free prenup template leaves out show where each route holds and where it slips.

A template can be a reasonable choice for couples with simple finances and comparable assets who accept some enforceability risk. For couples who want to set their own terms with more structure, First's Self-Serve package is a guided middle path: you answer questions about what each of you owns, owes, and wants to keep separate, the platform drafts an agreement written to your state's requirements with full financial disclosure built in, and notarization is included where your state allows remote online notarization. Self-Serve is $649 per couple.

How long does it take to get a prenup?

Days to weeks on a guided online platform without attorney review, two to six weeks when each partner has an attorney through a platform, and one to three months with two traditional attorneys, the route-by-route cost ranges in the table above. Our guide to prenup timelines measures a longer span: it puts the traditional process at three to six months because it counts finding two attorneys, which it says can take three or four weeks before a word is drafted, and it walks through what is still possible at 90 days out, at 30 to 89 days, and closer than that. The variable that moves the estimates most is step 1: couples who arrive with the big decisions made finish fastest. In California, add at least a week after the final draft is delivered, for the seven-day window in step 6.

What does a prenup cost?

Clio's lawyer rate data (as of 2025, updated March 2026) puts the average family law attorney at $344 an hour, and a traditional prenup needs one for each of you, billing separately for drafting, disclosure review, negotiation and signing. That is why two-attorney prenups typically run $3,000 to $10,000 or more per couple. Flat-fee platforms publish the price before you start: on First's pricing page, the Self-Serve package is $649 per couple and the Lawyer Review package is $3,500 per couple with an independent attorney for each partner, and online notarization is included in both where the state allows remote online notarization. Our guide to what a prenup costs by state shows the ranges.

How do prenup rules differ by state?

The six steps are the same everywhere; the formalities, timing rules and property defaults are not. California is a community property state (assets and debts acquired during the marriage are presumed to belong to both spouses equally) with the two process rules described in steps 3 and 6, both covered on our California prenup page. Texas is also a community property state; Chapter 4 of its Family Code asks for a written agreement signed by both parties, makes it effective on marriage, and limits challenges to the voluntariness and disclosure grounds in §4.006, as the Texas prenup page explains.

Florida and New York are equitable distribution states. And "equitable" doesn't always mean "equal": courts in equitable distribution states weigh factors like contribution, need, and length of marriage when dividing assets. Florida's statute names fraud, duress, coercion and overreaching as separate grounds for refusing enforcement; New York requires the deed-style acknowledgment described above. See Florida prenup rules, New York prenup requirements, and our state-by-state guide to prenuptial agreements for the rest. First's Self-Serve package is available in 46 states and Washington, D.C., and Lawyer Review in 11 of them, including all four above.

What mistakes do couples make when getting a prenup?

• Starting late. A draft delivered the week of the wedding fails California's seven-day delivery rule outright and weakens the agreement against a duress claim anywhere.
• Thin disclosure. An asset left off the schedules hands the other side the unconscionability argument the statutes describe.
• Sharing one lawyer. A lawyer who represents both of you represents neither in the way a court looks for.
• Treating it as finished at signing. Texas and Florida allow a prenup to be amended or revoked after marriage only by a written agreement signed by both spouses; our post on what happens if things change after your prenup explains the options.
• Losing the original. Keep the signed, notarized copy where both of you can find it; how to store a signed prenup covers the options.

Frequently Asked Questions

How do I make a prenup without a lawyer?

In Texas and Florida, the premarital agreement statutes ask only for a written agreement signed by both parties; New York adds an acknowledgment of the kind used to record a deed. None requires a lawyer, so a guided online platform can draft it and you sign. In California, a spousal support waiver or limit needs independent counsel for each party.

Does a prenup have to be notarized?

It depends on the state. The Uniform Premarital Agreement Act asks for a written agreement signed by both partners, and some states add more: New York, New Mexico and Arkansas require an acknowledgment, which a notary provides, and Georgia requires a notary as one of two witnesses. Delaware requires neither. The notarization section above covers more states.

How far before the wedding should we sign a prenup?

Start three to six months out; sign at least 30 days before the ceremony. In California, the final draft must be delivered to both parties at least seven days before signing, a window the two of you cannot shorten. Texas and Florida's premarital agreement statutes and New York's Domestic Relations Law §236 set no minimum gap between delivery and signing.

What happens if we skip financial disclosure?

The agreement becomes vulnerable. In Texas, Florida and California, a prenup that was unconscionable when signed is unenforceable if the challenging partner was not given a fair and reasonable disclosure of the other's finances, did not waive disclosure in writing, and could not otherwise have known. Attached written schedules close that door.

Can a prenup decide child custody or child support?

Not in a way that binds a court. California, Texas and Florida each state that the right of a child to support may not be adversely affected by a premarital agreement, and a court decides custody on the child's circumstances when the question arises, whatever two adults agreed earlier.

Can we change a prenup after the wedding?

Yes, with the same formality as the original. Texas and Florida allow a prenup to be amended or revoked after marriage only by a written agreement signed by both spouses, enforceable without new consideration. Treat an amendment as a short version of the six steps, including fresh disclosure.

Where First fits

First was built around these six steps. The questionnaire walks each of you through goals and disclosure, the draft is generated from your answers, and on the Lawyer Review package each of you chooses an independent attorney from First's attorney network who reviews the agreement with you, advises you, and edits the language with you before you sign. No hourly billing, no retainers, no surprises. Self-Serve is $649 per couple and Lawyer Review is $3,500 per couple. If your situation involves a business, a trust or property in several states, a traditional engagement may fit better.

Methodology

Statutory language is quoted from the official legislature websites for California, Texas, Florida and New York as read on October 7, 2026. Attorney rate data is Clio's lawyer rate data (as of 2025) from Clio's rate comparison page, updated March 2026. Route table cost and time ranges are from First's 2026 prenup cost breakdown, updated September 22, 2026. First's prices and state availability are as published on thisfirst.com on the same date.

Sources

• California Family Code §1615: disclosure, independent counsel, and the seven-day delivery rule.
• California Family Code §1612: permitted contents, child support, and counsel for spousal support terms.
• Texas Family Code Chapter 4, Uniform Premarital Agreement Act: §§4.002 to 4.006.
• Florida Statutes §61.079, Premarital agreements: formalities, content, amendment and enforcement.
• Florida Statutes §732.702, Waiver of spousal rights: two subscribing witnesses for a waiver of a surviving spouse's rights.
• New York Domestic Relations Law §236: Part B, subdivision 3.
• Clio, Compare Average Lawyer Hourly Rate by State (2026 Data), rates as of 2025: family law average of $344 an hour.

First is not a law firm. The information and tools provided by First on this site are not legal advice and not a substitute for the advice of an attorney.