Should You Sign a Prenup? Tips So You Don't Get Tricked
Sept. 11, 2025
Getting married is a huge step. Whether you’re planning an intimate backyard wedding or a grand celebration, you're stepping into something meaningful—something that brings together love, family, and the promise of a future together.
However, let’s be honest. Love is powerful, and so is money. When they mix, things can get messy if you’re not prepared.
At Lewis & Van Sickle, LLC, we’ve sat with many clients in Green Bay, Oconto, Shawano, Kewaunee, and Sturgeon Bay, who never imagined they’d be asking us about prenups.
It can feel uncomfortable, but it doesn't have to. A prenuptial agreement isn't about planning for divorce—it's about planning for clarity and peace of mind.
If you're considering a prenup, or if your partner has brought one up, it’s worth knowing your rights and your options. Our goal is to help you protect yourself without being taken advantage of. Reach out to our lawyer, Attorney James E. Lewis, if you're facing prenup questions—don't go it alone.
What Is a Prenuptial Agreement and Why Do People Sign One?
A prenuptial agreement is a legally binding contract signed before marriage. It outlines how finances will be handled in the event of divorce or death. Contrary to common belief, prenups aren't only for wealthy individuals.
People across various financial backgrounds benefit from clearly defined terms that reduce confusion or conflict later on.
Common reasons couples choose to sign a prenup include:
A significant difference in assets or debts between partners
A second marriage, especially when children are involved
Ownership of a business or professional practice
Desire to avoid costly disputes or litigation if the relationship ends
A well-drafted prenup can make property division, debt responsibility, and support obligations clear. Without one, these decisions may be left to state law, which might not align with your personal wishes.
Red Flags to Watch for in a Prenup
While prenups can serve as effective planning tools, not all agreements are created equally. Some may be written unfairly, contain deceptive language, or involve significant pressure to sign. A prenup should never be signed without thoughtful review and independent legal guidance.
Some common signs that a prenup may be problematic:
Pressure to sign quickly: Signing shortly before the wedding with limited time to review can raise serious legal concerns.
Only one party has an attorney: Legal representation for both partners helps create a fair and valid agreement.
Unfair or one-sided terms: Agreements that heavily favor one partner may be challenged in court.
Lack of financial transparency: Both parties must disclose assets, liabilities, and income honestly.
Vague or overly complicated wording: Clear, understandable terms are essential for enforceability.
These warning signs shouldn't be ignored. Taking the time to review the agreement thoroughly, with proper legal support, can prevent serious consequences later on.
How a Prenup Can Protect You
A common misconception is that prenups only benefit the wealthier partner. In reality, a fair prenup can protect both individuals by setting expectations and preventing future disputes.
A few ways a prenup can benefit both spouses include:
Clarifies ownership of property and assets: Helps avoid confusion over what is marital versus separate property.
Defines debt responsibilities: Protects one partner from becoming responsible for the other's debt.
Protects inheritances or family-owned property: Keeps personal or family wealth from becoming marital property.
Outlines spousal support terms: Allows couples to agree on alimony rather than rely solely on court decisions.
Prevents lengthy litigation: Clearly defined terms can save both time and legal expenses in case of separation.
A fair prenup allows couples to enter marriage with a full understanding of their financial relationship, promoting honesty and reducing uncertainty.
What You Should Do Before Signing a Prenup
Before agreeing to any prenuptial agreement, it's critical to take the necessary steps to protect your legal and financial interests. Signing without proper preparation can result in unfavorable outcomes if the marriage ends.
Some steps to take before signing a prenuptial agreement include:
Hire independent legal counsel: An attorney working solely in your interest is essential.
Take sufficient time for review: Don't feel rushed to sign. Courts may question agreements signed under pressure.
Review all terms carefully: Assure the agreement aligns with your understanding and future goals.
Verify full financial disclosure: Both parties should openly share all financial information.
Discuss expectations: Talk through financial priorities, plans, and responsibilities with your partner.
A prenuptial agreement should reflect fairness, transparency, and mutual respect. These steps increase the agreement's likelihood of holding up in court and serving both partners effectively.
Common Prenup Myths That Lead to Mistakes
Misunderstandings about prenups often cause individuals to either avoid them entirely or agree to terms without proper scrutiny. Separating fact from fiction is essential when making decisions about your future.
You may have heard some of these widespread myths:
“Signing a prenup means we’re planning to divorce.” In truth, it's a planning tool that provides legal clarity—not an indication of mistrust.
“Prenups are only for wealthy couples.” Anyone with income, assets, or debt can benefit from clear financial planning.
“If I sign, I’ll get nothing in a divorce.” Courts may reject unfair prenups. Legal counsel can help assure fair terms.
“Courts don’t enforce them anyway.” Courts often enforce valid prenups, especially those created without coercion and with legal support.
“We can figure it out after marriage.” Postnuptial agreements exist, but are more difficult to negotiate and enforce.
Allowing myths to guide your decisions can result in signing an agreement that isn't in your best interest. Accurate information and legal advice are crucial.
What Makes a Prenup Fair
Fairness is one of the most important elements of a valid and enforceable prenup. Courts will examine whether both parties had equal opportunity to review, understand, and negotiate the agreement.
Elements of a fair prenuptial agreement include:
Legal representation for both parties
Honest and full financial disclosure
Clear, comprehensible language
Ample time to consider the agreement before signing
Balanced provisions that protect both spouses
Some elements that may make a prenup unfair or invalid include:
Significant imbalance in rights or benefits
Lack of spousal support considerations
Pressure or coercion to sign
Hiding financial information
Terms that violate public policy or state law
If an agreement feels one-sided or unjust, it's worth reviewing with an attorney. Legal counsel can identify any problems and recommend necessary revisions to improve fairness and enforceability.
Prenups Can Address More Than Divorce
While prenuptial agreements are often viewed as tools for divorce planning, they can also serve as proactive guides for managing finances during the marriage. Setting expectations early can reduce stress and strengthen the relationship over time.
Topics a prenup may include beyond divorce provisions include:
How income will be handled during the marriage
Management of joint bank accounts and shared expenses
Handling of personal and shared debt
Plans for major purchases, such as homes or vehicles
Whether inheritance or gifts will be treated as marital or separate property
Agreements that address day-to-day financial responsibilities can minimize conflict, especially when both partners are clear about roles and obligations.
Contact an Experienced Prenuptial Agreement Lawyer
If you're being asked to sign a prenup—or are considering one for yourself—legal guidance is essential. The right attorney will explain your rights, clarify confusing terms, and help you avoid agreements that may be unfair or unenforceable.
At Lewis & Van Sickle, LLC, we support clients in Green Bay, Oconto, Shawano, Kewaunee, and Sturgeon Bay who are working through prenuptial agreements. We help clients feel confident in their decisions and equipped with the information they need to protect themselves and their future.
A prenup doesn't mean you're expecting your marriage to fail. It means you're entering into it with transparency and responsibility. You ought to start this next chapter of life without uncertainty or risk. Reach out to us today to schedule a consultation and make sure your rights are fully protected.