§PlainStatute

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.

6 of 50 states published. Most states follow the Uniform Premarital Agreement Act, but the disclosure rule, the review period, and the case law differ.No state lets a prenup decide child support or custody in advance. Every page links to the statute or the controlling case.

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.

Pick your state

The core enforceability rule and the statute on each card.

C

CA
California
Valid if voluntary and fairly disclosed
In this state
Enforceability ruleVoluntary, 7-day review, disclosure
Statute§§ 1615, 1612

F

FL
Florida
Valid if voluntary and fairly disclosed
In this state
Enforceability ruleVoluntary, no fraud, fair disclosure
Statute§ 61.079

I

IL
Illinois
Valid if voluntary and fairly disclosed
In this state
Enforceability ruleVoluntary, or fair disclosure
Statute750 ILCS 10/3, 10/7

N

NY
New York
Valid if written, signed, and acknowledged
In this state
Enforceability ruleWriting, signed, acknowledged
Statute§ 236(B)(3)

P

PA
Pennsylvania
Valid with full and fair disclosure
In this state
Enforceability ruleVoluntary, full and fair disclosure
Statute§ 3106

T

TX
Texas
Valid if voluntary and fairly disclosed
In this state
Enforceability ruleVoluntary, or fair disclosure
Statute§§ 4.002, 4.006

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.