- The legal standard is "fair, reasonable, and not misleading." Most states do not require penny-perfect accuracy, but they do require enough detail that your partner could reasonably understand what they were waiving rights to.
- Disclosure happens in writing, attached as a schedule to the agreement, and must be reviewed before signing.
- Honest errors are usually forgiven if discovered later. Deliberate omissions (a hidden brokerage account, a buried business interest) can void the entire agreement.
- A few states require enhanced disclosure standards. California, for example, requires that the recipient have the chance to review disclosure for at least seven days before signing.
Why disclosure matters more than people realize
Courts look at three things when they're asked to enforce a prenup: was the agreement entered into voluntarily, was the substance fair when signed (or fair enough that a reasonable person would have agreed), and did each party know what they were giving up. The third question is what disclosure exists to answer.
If your partner waives spousal support, the court wants evidence that they knew roughly what your income was and what their share of marital growth would have been. If they waive a claim on a business, the court wants evidence that they knew the business existed and had some sense of its value. Without disclosure, the entire agreement looks like one party negotiating against a blindfold.
What you actually have to disclose
Disclosure is broader than "list your bank accounts." A defensible disclosure schedule typically covers five categories.
- **Assets.** Bank accounts, brokerage and retirement accounts, real estate, vehicles, business interests, intellectual property, valuable personal property, vested and unvested equity, cryptocurrency holdings.
- **Liabilities.** Mortgages, student loans, credit cards, business debt, personal loans, tax obligations, any contingent liabilities like personal guarantees.
- **Income.** Salary, self-employment income, investment income, K-1 distributions, recurring royalties or licensing income.
- **Expected inheritances.** If you reasonably expect to inherit something specific (a parent's home, a family business interest, a trust distribution), disclose it. You don't have to disclose general possibilities like "I might inherit something someday."
- **Other agreements that affect property.** Trusts you're a beneficiary of, prior divorce settlements, partnership agreements, vesting schedules.
How precise does it need to be
The honest answer is "more precise than a wave of the hand, less precise than a forensic accountant." Most states accept ballpark figures with reasonable methodology. "Brokerage account at Schwab, approximately $185,000 as of March 1" is fine. "Some money in investments" is not.
For valuable but hard-to-value assets like a private business, a reasonable approach is to attach the most recent tax return or balance sheet, note the basis for the valuation (revenue multiple, book value, recent offer), and include a brief description. You don't need a formal appraisal, but you do need a defensible methodology your partner could question if they wanted to.
What counts as hiding (and what doesn't)
An honest mistake is usually forgiven. If you forgot a small account that holds $4,000 and your other disclosures totaled $1.2 million, no court will void your prenup over the omission. The legal question is whether the omission was material and whether your partner would have negotiated differently if they had known.
Deliberate omissions are a different story. If you had a $300,000 brokerage account you didn't list, or you valued a business at $50,000 when you were actively negotiating to sell it for $2 million, those are the kinds of facts that get an entire agreement thrown out years later. The risk isn't just losing the protection; it's losing it after both partners have built their lives around the assumption that the agreement was valid.
How Clause handles disclosure
On Clause, both partners complete their own disclosure section independently. Neither partner sees the other's numbers until both are ready to share, which prevents the most common dynamic where one partner adjusts their disclosure based on what they see from the other. When both partners click ready, the schedules are bundled into the agreement as an attached exhibit, signed alongside the main document, and stored in the audit log so a court would see exactly when each side completed and acknowledged it.
What to have in front of you before you start
Disclosure goes much faster if you gather these documents before sitting down. Plan on about 30 to 60 minutes for a standard set of finances.
- Most recent statement for each bank, brokerage, and retirement account.
- Last two years of tax returns, including any schedules and K-1s.
- Current statements for any outstanding loans (mortgage, student loans, credit cards, business debt).
- Most recent paystub if you're salaried, or a recent profit-and-loss statement if you're self-employed.
- Property tax statement or recent appraisal for any real estate you own.
- Latest equity grant documents if you have RSUs, options, or other employer equity.
- Description of any business interests, including ownership percentage and most recent valuation if available.
Start your free draft on Clause when you have 30 minutes and the documents above. The disclosure step is one of the most consequential parts of the agreement, and it's worth doing carefully.
Clause is not a law firm and this article is not legal advice. Disclosure standards vary by state. Consult a licensed family law attorney in your state for guidance specific to your situation.