The Downsides of a Prenup: 5 Pitfalls to Know Before Signing

Prenups are increasingly mainstream. In a 2023 Axios-Harris Poll, half of U.S. adults said they were open to signing a prenup, up from 42% in 2022. Young people in particular are adopting prenups—nearly half of recently engaged or married Gen Z (41%) and Millennial (47%) couples said they had a prenup.

Prenups can be a useful financial planning tool, but they are also a binding legal contract. Before you ask for or agree to a prenup, you should understand there are downsides. Here are five potential prenup pitfalls to consider.

1. Negotiating a Prenup Can Hurt Your Relationship

Creating a prenuptial agreement can sometimes create conflict before a marriage even starts. Often, one partner asks for the agreement, which can make the other partner feel like they have to go along with it to keep the peace or to prove that they are entering the marriage for the "right reasons."

When discussions about money turn into arguments, it can seem like the partner asking for the prenup doesn't believe the marriage will last and is planning for a divorce. If the process feels too much like a business deal, it can erode intimacy and trust.

To learn how to handle these talks without hurting your relationship, read about the emotional side of prenups.

2. Timing Is Everything: The Risk of Coercion

For a prenuptial agreement to be legally valid, both people must sign it voluntarily, without being forced or pressured. If a judge finds that one person was coerced, the entire agreement can be set aside.

One of the most common forms of pressure involves one partner springing a prenup on the other partner at the last minute. Imagine being handed a prenup days, or even hours, before your wedding. Under those circumstances, you might feel trapped, as if you have no choice but to sign the prenup or call off the entire wedding.

Some states have adopted rules to prevent this type of pressure. In California, for example, couples must wait at least seven days between finalizing a prenup and signing it. (Cal. Fam. Code § 1615 (2025).)

3. You Might Not Need One

Every state has its own divorce laws that explain how property is divided and when a judge might order one spouse to pay support if the couple divorces. For many couples, especially when they earn about the same and have similar assets, these built-in rules are enough.

You might want to consider a prenup if you have significant property, own a business, or are entering a second marriage. If you are a lower-earning spouse, be very wary of signing a prenup that limits spousal support (alimony).

Learn more: Should You Get a Prenup? What It Is, How It Works, and What to Include.

4. Prenups Can Damage Relationships With In-Laws

Sometimes the idea for a prenup comes from parents or grandparents, not from the couple themselves. When a partner's family pushes for a prenup to protect family money or a family business, the other partner might feel hurt and may lose respect for their fiancé for not standing up to their family. This kind of pressure and interference can lead to long-lasting tension with extended family and make it harder for the couple to trust each other and feel like a team.

5. A Prenup Doesn't Guarantee You Will Avoid Court

A prenup doesn't guarantee you'll avoid court. Prenups can sometimes be set aside or limited by a judge, but only for specific legal reasons. These rules vary by state, but some common grounds for challenging a prenup include:

• coercion
• insufficient time for review
• lack of full financial disclosure
• no independent legal counsel
• gross unfairness (unconscionability), and
• fraud or misrepresentation.

If you want your prenup to hold up in court, be sure to follow your state's legal rules carefully and make the process as fair and transparent as possible for both partners. If you have questions about the laws in your state, talk to a family law attorney and encourage your partner to seek their own independent legal counsel. A lawyer can answer your questions and make sure your agreement is consistent with your intentions and state laws.