Family · Prenuptial agreement
Prenuptial Agreement Requirements by State: What Makes It Valid
What each state requires for a prenuptial agreement to be valid and enforceable: the writing and signature, voluntariness, financial disclosure, and the grounds that get one thrown out. Each cited to the statute.
Read this first: voluntary, disclosed, and in writing
A prenuptial agreement is a contract two people sign before marriage to decide how property and support will be handled if the marriage ends. To be enforceable it almost always has to be in writing and signed, entered into voluntarily, and backed by fair financial disclosure so neither side is signing blind. A court can refuse to enforce one that was signed under pressure, or that was unfair and hid the real finances.
The details are where states differ. California adds a seven-day review periodand independent-counsel protections; Pennsylvania, under Simeone v. Simeone, will not second-guess whether the terms are reasonable once disclosure is full and fair; New York requires the agreement to be acknowledged like a deed. One rule is universal: a prenup cannot decide child support or custody in advance. Every figure links to the statute, and pages still pending verification say so.
Every state in one table
The core enforceability rule and the statute in each row.
All states (10)
| State | For a valid prenup | Enforceability rule | Statute |
|---|---|---|---|
| California | Valid if voluntary and fairly disclosed | Voluntary, 7-day review, disclosure | Cal. Fam. Code §§ 1615 |
| Florida | Valid if voluntary and fairly disclosed | Voluntary, no fraud, fair disclosure | Fla. Stat. § 61.079 |
| Georgia | Valid with writing, two witnesses, and a notary | Writing, two witnesses, a notary | O.C.G.A. § 19‑3‑62 |
| Illinois | Valid if voluntary and fairly disclosed | Voluntary, or fair disclosure | 750 ILCS 10/3, 10/7 |
| Michigan | Valid under the three Rinvelt factors | Voluntary, fair, and still reasonable | Mich. Comp. Laws § 566.132(1)(c) |
| New York | Valid if written, signed, and acknowledged | Writing, signed, acknowledged | N.Y. Dom. Rel. Law § 236(B)(3) |
| North Carolina | Valid if written and signed voluntarily | Writing, both signatures, voluntary | N.C. Gen. Stat. §§ 52B‑3 |
| Ohio | Valid under the three-part Gross test | Free, full disclosure, no divorce incentive | Ohio Rev. Code § 1335.05 |
| Pennsylvania | Valid with full and fair disclosure | Voluntary, full and fair disclosure | 23 Pa.C.S. § 3106 |
| Texas | Valid if voluntary and fairly disclosed | Voluntary, or fair disclosure | Tex. Fam. Code §§ 4.002 |
What these pages are, and what they aren't
Each state page is a reference for what makes a prenup valid and what gets one thrown out. They are deliberately not advice for your case: enforceability turns on the exact statute, the case law, and how the agreement was signed, so each page links to the statute and a way to find a family-law attorney. This is legal information, not legal advice.