Throughout this particular Subreddit there are frequent misconceptions, outright ignorant & false statements regarding prenuptial agreements. Here are some actual basic facts:

  1. The content of a prenuptial agreement can vary widely, but commonly includes provisions for division of property and spousal support in the event of divorce or breakup of marriage. The division of assets, intellectual property, business income and other interests are typically covered within them. They may also include terms for the forfeiture of assets as a result of divorce on the grounds of adultery; further conditions of guardianship may be included as well. You are only limited by your imagination.

  2. ALL 50 states and the District of Columbia recognize the validity of property crafted prenuptial agreements.

  3. A property crafted prenuptial agreement consists of, at minimum, the following elements: the agreement must be in writing (oral prenups are generally unenforceable); it must be executed voluntarily and not under duress or on the eve of wedding; the agreement shall include full and/or fair disclosure of all assets, liabilities and debts by both parties at the time of it's execution; the agreement cannot be unconscionable on contain unconscionable clauses such as a waiver of child support; the agreement must be executed by both parties (not their attorneys) "in the manner required for a deed to be recorded", known as an acknowledgment, before a notary public; both parties should have independent legal counsel.

  4. There typically can be time limits on Prenuptial Agreements. For example, in California it typically can be at 10 years. Thus, a postnuptial agreement should be executed by both parties to address financial and other changes and the elapsed time in a reasonable manner.

  5. MOST of the EU, including the UK, recognize Prenuptial Agreements as being valid civil contract law including France, Belgium, the Netherlands, Germany, Poland, Switzerland, Sweden, Denmark, Norway, Finland the United Kingdom. In Canada they are called Marriage Contracts, but function in much the same way.

  6. Prenuptial agreements are NOT limited to those who are "rich" as they can address issues such as spousal support/alimony, weight, sex, asset division, fidelity, etc.

  7. Prenuptial agreements, when properly crafted, following the aforementioned #3 are VERY enforceable and can eliminate and limit much of the litigation in a divorce. They are NOT a plan for divorce. They are risk management plan to preserve the estate. As 50%+ of all marriages end in divorce they are akin to an insurance policy you pay in advance. It may cost several thousand dollars, or more, but when contrasted with the cost and uncertainty of litigation they are an excellent investment in the future of both parties because they provide a measure of predictability and a template for an exit strategy.

  8. Most, if not all, of the people commenting on prenuptial agreements don't know WTF they are talking about here, have no experience with them and/or take "stories" entirely out of context.

I had a prenuptial agreement in my 1, and only, marriage, and it saved my financial ass. I followed the formula specifically and was fully prepared to walk away if my ex-wife was unwilling to enter into one. My former spouse contested our prenuptial agreement and lost. She was then forced to pay, from her estate and assets, my legal costs associated with her appeal.