About Prenuptial Agreements
What is a prenuptial agreement?
A prenuptial agreement (prenup) is a legal contract signed by both partners before marriage. It specifies how assets, debts, and other financial matters will be handled in the event of divorce, separation, or death. It can also include provisions for property brought into the marriage, business interests, inheritance, and more.
Is a prenuptial agreement legally binding?
Yes, when properly executed. A prenup must be in writing, signed voluntarily by both parties with full financial disclosure, and executed before the wedding. Requirements vary by state — some require notarization, witnesses, or a waiting period. Clause generates state-specific language and instructions that address your state's requirements.
Can a prenup be enforced in court?
Courts uphold prenups that were entered into voluntarily, with full financial disclosure, and without coercion. Provisions that violate public policy (e.g., waiving child support) or that are unconscionable may be struck down. Having both partners represented by independent attorneys significantly improves enforceability.
When should we sign a prenup?
Sign well before the wedding — ideally at least 30 days before. Signing immediately before the ceremony raises questions about duress and voluntary consent. Some states have mandatory waiting periods.
Do both partners need an attorney?
It's strongly recommended but not legally required in most states. Each partner having independent legal counsel before signing significantly strengthens enforceability. Clause offers optional attorney review ($699/attorney) for each partner.
Using Clause
Is Clause a law firm?
No. Clause is a legal technology platform. We generate state-specific prenuptial agreement documents based on your answers — but we are not a law firm and do not provide legal advice. For legal advice, use our optional attorney review feature or consult a family law attorney.
Is my agreement written by AI?
No. Your prenuptial agreement is built on attorney-authored, state-specific legal templates. AI helps you navigate decisions and understand your options — but the legal substance comes from real attorney work. Think of AI as your guide, not your drafter.
Does Clause use AI?
Yes. The AI assistant is included with every plan — Essential, Comprehensive, and even before you pay. It can explain prenup concepts, walk you through your options, and help you understand what each question means. The AI is a guide, not a lawyer: it doesn't provide legal advice. Comprehensive adds AI reference translation (60+ languages) so both partners can read the agreement in their preferred language and a plain-language agreement analysis. The Custom Clause generator ($49 per clause) is available as an add-on for any plan, or unlimited with Attorney Review.
How long does it take?
Most couples complete the Agreement Builder in 15–25 minutes. Partner review typically takes 5–10 minutes. Document generation is instant. You can have a complete, state-specific draft the same day.
Can I start for free?
Yes. The Agreement Builder is free to start. Payment is required partway through to unlock document generation and download. Essential starts at $549; Comprehensive at $699. One payment covers both partners.
Does my partner need to pay separately?
No. One payment covers both partners. Your partner gets their own free login to review the agreement, flag items, and add their financial disclosure.
What if we're in different states?
Clause asks you to select your state at the beginning of the Agreement Builder. The governing state is typically where you'll be married or where you primarily reside. If you're unsure, consult an attorney.
Can we make changes after generating the document?
Yes. Essential includes one document generation. Comprehensive includes unlimited revisions — update your answers and regenerate anytime. Both plans allow you to go back and update your Agreement Builder responses.
The Agreement
What does a Clause prenup include?
A Clause prenup includes 16 legal articles covering separate and marital property, debt allocation, spousal support, business interests, inheritance, gifts, financial disclosure, confidentiality, dispute resolution, and more. Optional clauses (Comprehensive only) add pet custody, sunset provisions, marital residence terms, life and health insurance, reproductive material disposition, digital assets & cryptocurrency, and dispute resolution.
What's not included?
Prenuptial agreements cannot include child custody or child support provisions — those are determined by courts at the time of divorce based on the child's best interests. Clause does not include these provisions.
What is the Custom Clause generator?
The Custom Clause generator lets you add provisions beyond the standard agreement. Describe what you need in plain language — like intellectual property protection, relocation terms, or specific asset handling — and AI drafts a formal legal clause in the same style as the rest of your agreement. A second AI then reviews it for strength and consistency. One custom clause is available as a $49 add-on, or unlimited with Attorney Review. Some topics cannot be included (child custody, child support) and lifestyle clauses (infidelity, weight) are flagged as high-risk.
What is the plain-language agreement analysis?
After your agreement is generated, you receive a plain-language breakdown of what's in your document — written in everyday English rather than legal language. It helps both partners understand exactly what they're signing without needing a law degree.
What is financial disclosure?
Financial disclosure means both partners fully disclose their assets, income, and debts before signing. It's required for a prenup to be enforceable. Clause's financial disclosure tools guide both partners through Schedules A and B, which attach to the agreement.
What is the Agreement Strength Score?
The Strength Score is an AI-powered enforceability analysis built into the Agreement Builder. It scores your agreement against five key factors: financial disclosure, spousal support definition, optional clauses, partner review, and attorney consultation. The score updates in real time as you complete each section.
Pricing and Payment
What's included in Essential vs. Comprehensive?
Essential ($549) covers the core agreement: property, debts, spousal support, financial disclosure, and partner review. Comprehensive ($699) adds all optional clauses (pets, sunset, marital residence, insurance, reproductive material, digital assets, dispute resolution), plain-language agreement analysis, AI guidance, full live document preview, online notarization ($50 value), unlimited revisions, AI reference translation (60+ languages), and priority support. The Custom Clause generator ($49 per clause) is available as an add-on for either plan, or unlimited with Attorney Review.
Is this a subscription?
No. One-time payment. No monthly fees, no hidden charges, no expiration. Come back and revise anytime under your plan's revision allowance.
What does attorney review include?
A 1-hour independent legal consultation with a licensed family law attorney in your state. Your attorney receives your agreement and an AI-prepared case brief beforehand, then reviews the full agreement with you, assesses risk and enforceability, discusses modifications and custom clauses, and provides a Certificate of Review. Each partner can have their own attorney ($699 each). If your attorney determines that modifications require additional time beyond the initial hour, they will discuss this with you directly — any additional time is billed by your attorney at their own rates.
What does online notarization include?
Included in Comprehensive ($50 add-on for Essential). A licensed notary meets you via secure video call to witness your signatures and apply their notary seal — completing the notarization requirement from home. Required for enforceability in most states.