How to Review a Prenuptial Agreement: a Clause-by-Clause Checklist

How do you review a prenuptial agreement before signing? Review a prenuptial agreement by checking, in order: that both people have disclosed their assets and debts fully, that each had independent legal advice and signed freely with enough time, that the division of property is not grossly one-sided, that it does not try to bargain away rights the law protects, and that it is clear about what law governs it. A prenup decides who keeps what if a marriage ends, so the review is about fairness and about whether a court would respect it at all. Before the checklist, you need to know where prenups stand in your jurisdiction, because that changes how much weight the document carries. This article is general guidance, not legal advice. Prenuptial agreements engage personal law, contract law and public policy, which differ sharply by jurisdiction, so have a qualified family lawyer review any prenup before you rely on it. ## Are prenuptial agreements enforceable? This varies by jurisdiction, and in India the answer is nuanced. - In most of India, outside Goa, prenuptial agreements are generally not directly enforceable. Marriage is treated largely as governed by personal law rather than private contract, and an agreement seen as opposed to public policy can fall foul of Section 23 of the Indian Contract Act, 1872. Terms that anticipate separation have been held unenforceable. Courts have, in some cases, upheld narrower arrangements limited to the distribution of property. In practice a prenup outside Goa usually has persuasive value, as evidence of what the couple intended, rather than binding force. <!-- [VERIFY: current case law on partial enforceability of property-only prenups outside Goa] -->

• In Goa, prenuptial agreements are valid and binding under the Portuguese Civil Code, which continues in force there. The agreement must be made before the wedding.
• In other countries the position is very different. In England and Wales courts give decisive weight to a freely made prenup with full disclosure and advice, following the approach in a leading Supreme Court decision, though they can override an unfair one. Many US states enforce prenups under their own statutes. Rules differ across the UK, Ireland, Singapore, Australia and the US. Because enforceability is so jurisdiction-dependent, the first review question is always: which law will govern this marriage and this agreement, and what weight will that law give the document? Last verified October 2026. ## The clause-by-clause review checklist ### 1. Full and honest disclosure
• Has each person listed all their assets, income and debts?
• Are the values realistic, with documents behind the big items?
• A prenup built on hidden or understated assets is vulnerable everywhere it is recognised. ### 2. Independent legal advice and free consent
• Did each person have their own lawyer, not a shared one?
• Was there enough time before the wedding, so neither felt pressured at the last minute?
• Is there anything suggesting pressure, threat or haste? ### 3. Property and finances
• How are assets owned before the marriage treated?
• How are assets and debts acquired during the marriage treated?
• How is the family home dealt with?
• Is the division broadly fair, or so one-sided that a court might set it aside? ### 4. Maintenance and statutory rights
• Does the agreement try to waive maintenance, alimony or statutory entitlements that the governing law protects? Such terms are often unenforceable.
• Does it respect the rights that personal law or statute gives, rather than contracting them away? ### 5. Children
• Does it try to pre-decide child custody or child maintenance? Courts decide these on the child's best interests at the time, so such terms usually do not bind. ### 6. Changes and review
• Is there a mechanism to review or update the agreement, for example on a major change like having children or a large change in wealth?
• Is there a sunset or review date? ### 7. Governing law and formalities
• Does it state which law governs the agreement and the marriage?
• Does it meet that jurisdiction's formalities (for example, timing before the wedding, notarisation, or registration where required)? ## Red flags that should stop a signing - No financial disclosure, or disclosure you cannot verify.
• A last-minute signing, days before the wedding, with no time to take advice.
• A shared lawyer or no independent advice for one side.
• A grossly one-sided split leaving one person with almost nothing.
• Attempts to waive maintenance or statutory rights that the governing law protects.
• Terms pre-deciding child custody or support, which courts generally will not enforce.
• No governing-law clause, especially where the couple have ties to more than one country. ## How to run the review in practice 1. Settle the governing law first, because it decides how much the document is worth.

2. Compare the two disclosure lists side by side and question anything missing or vague.
3. Test the split for fairness, not just legality: would a court in the governing jurisdiction see it as unconscionable?
4. Strike or flag any term that waives protected rights or pre-decides children's issues.
5. Make sure each side had independent advice and real time, and record that in the document. ## Where a contract workspace helps By hand, a checklist like this reviews one prenup carefully. For a family-law practice the repeated work is heavier: holding two disclosure schedules against each other, catching a term that waives a protected right, keeping drafts and the advice trail straight, and remembering any review dates built into the agreement. The idea worth taking is that reviewing, editing and tracking prenuptial agreements can sit in one AI workspace tuned to your practice, so disclosure, drafts and review dates stay together. Adira works this way.