Posted: 9/1/2026 10:53:47 AM EDT
I’ve read a million posts and articles and found a million answers. (I guess “it depends” is always the correct legal answer.)  But are prenups actually worth anything and respected by the courts? Generally disregarded? Somewhere in the middle? I recognize every state is different too. But are there things which can be done to make them more enforceable or more likely to be respected? Thank you! |
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-Notcalifornialegal
-Notcalifornialegal
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Originally Posted By SteelonSteel: Maybe it's highest value is not in the courts but as a pre screening tool to see who flips out over it. Kind of like the hidden chick tests for men girls get from women's magazines. |
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Originally Posted By Mike_314: Depends on the state. I was told in Michigan they didn't count for much unless one of the parties was dead. That may have changed since I asked. As always if you're thinking of one, consult an attorney and see if it counts and how to write one. This CA vs say GA, big difference. Get a lawyer, if you move to a new state get it reviewed/redrafted in the new state. |
"Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote."
Necessity is the plea for every infringement of freedom. It is the argument of tyrants; it is the creed of slaves.
Necessity is the plea for every infringement of freedom. It is the argument of tyrants; it is the creed of slaves.
| Yes, they often are upheld. Talk with your high quality family law attorney. Make sure you and she have separate attorneys advising you in the process. Courts have set them aside when one spouse’s attorney drafted and advised both spouses. That is not the place to try to save money. |
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I did one as an insurance policy. Third marriage. Didn’t plan on getting remarried. First 2 didn’t hurt me financially because no kids and similar incomes. Wife and I had several discussions about it. She understood the situation and signed. 12 years later. Happiest I’ve ever been. She’s absolutely amazing in every way. My house was less than 5 years from being paid off when we got married so she understood the importance Basically says what we build together would be 50/50 but what we each had before can’t be touched. Happy I did it but even happier that I don’t think I’ll ever need it. Finally got it right. |
Surprise, Speed and Violence of Action
| I can verify it varies by state and time may also be a factor (laws change). My uncle and his lady friend each lost their original spouse decades earlier. They each had their own house, vehicles, bank accounts, etc. form before they got together. They had a lawyer draw up a prenup that basically said his stuff was his and her stuff was hers and a will that basically said his stuff went to his kids and her stuff went to her kids. After his death, her kids contested and the judge said the prenup was null and void as it went against state law. His "wife" got everything and she let her children strip and sell everything they could to fund their drug and gambling habits. Thankfully my cousins were well enough off on their own, but they lost their entire inheritance. |