What Happens if You Sign a Prenup and Get Divorced? Your Guide to Understanding Prenuptial Agreements

Let’s face it. No one ever wants to think about divorce when they’re getting married. After all, this is supposed to be the happiest day of your life! However, the truth is that divorce is a reality for many couples, and it’s important to be prepared for the worst-case scenario. That’s where prenuptial agreements come in.

A prenup is a legal agreement that outlines how assets will be divided in the event of a divorce. But what happens if you sign a prenup and get divorced?

In this article, we’ll explore this question and give you everything you need to know about prenuptial agreements.

What is a Prenup?

*Understanding Prenuptial Agreements

Before we dive into what happens if you sign a prenup and get divorced, it’s important to understand what a prenuptial agreement is. A prenup is a legal agreement that is signed by both parties before they get married. It outlines how assets will be divided in the event of a divorce. Prenups are often used to protect assets that were acquired before the marriage, as well as to protect inheritance rights. However, they can also be used to outline spousal support payments and other issues related to the divorce.

What Happens if You Sign a Prenup and Get Divorced?

*Exploring the Implications of a Prenuptial Agreement

Now, let’s get to the heart of the matter. What happens if you sign a prenup and get divorced? Well, a prenup can have a significant impact on the outcome of a divorce. If you have signed a prenuptial agreement, it is likely that your assets will be divided according to the terms of the agreement. This means that any property, investments, or other assets that were outlined in the prenup will be distributed accordingly. However, it’s important to note that a prenup cannot override state laws. In some cases, state laws may provide more protection for one party than the prenup does.

If you didn’t sign a prenup, the state will determine how your assets will be divided. This could mean that you’re entitled to a certain percentage of the marital property, depending on the state you live in. However, this can be a lengthy and expensive process, and it may not result in a fair division of assets.

Pros and Cons of Prenuptial Agreements

*Weighing the Benefits and Drawbacks

Like anything else, there are pros and cons to signing a prenuptial agreement. Here are a few things to consider:


  • It can protect your assets
  • It can save time and money in the event of a divorce
  • It can set clear expectations for the marriage
  • It can protect children from previous relationships


  • It can be seen as unromantic
  • It can be expensive to draft and sign
  • It can be difficult to bring up with your partner
  • It can be hard to predict what assets you’ll have in the future

How to Get a Prenup

*Tips for Creating a Prenuptial Agreement

If you’re considering getting a prenup, there are a few things to keep in mind. Here are some tips for creating a prenuptial agreement:

  • Hire a lawyer: This is not something you should try to do on your own. Hire a lawyer who specializes in family law to help you draft the agreement.
  • Be transparent: Be honest with your partner about why you want a prenup. Make sure you’re on the same page.
  • Start early: Don’t wait until the last minute to bring up the idea of a prenup. The earlier you start the conversation, the better.
  • Be fair: Make sure the agreement is fair to both parties. Be willing to make compromises if needed.
  • Review and update: It’s important to review and update your prenuptial agreement regularly. This will ensure that it still reflects your wishes and current circumstances.


At the end of the day, only you can decide whether a prenuptial agreement is right for you and your partner. However, it’s important to be informed about the implications of signing a prenup and what happens if you get divorced.

By following the tips outlined in this article, you can create a prenup that protects both you and your partner and gives you peace of mind for the future.