Understand what's in your prenup before signing. Clausy's AI analyzes prenuptial agreements for unfair asset division, waived rights, and one-sided clauses.
Clausy analyzes the clauses that matter most in prenups
The CDC recorded 672,502 divorces and annulments in the United States in 2023.[1] A prenup isn't a sign you expect things to go wrong. It's just practical planning, and a lot of couples are treating it that way. We look at whether the division terms are fair to both sides or heavily favor one party.
Complete waivers of alimony or spousal support—especially in long marriages or where one spouse gives up their career—can be unconscionable and unenforceable in some states. We flag total waivers that may not hold up.
Does the prenup expire after a certain number of years? Sunset provisions can significantly change what the agreement covers in a long marriage. We identify whether your prenup has expiration terms and what they mean.
These are the patterns Clausy is trained to catch
A prenup that was drafted by one party's attorney without the other party consulting independent counsel is at high risk of being challenged. Courts look for evidence that both parties understood and voluntarily agreed to the terms.
A complete, unconditional waiver of all spousal support—regardless of the marriage's length or circumstances—is one of the most commonly contested prenup provisions. Courts in many states will not enforce these if they result in one spouse becoming a public charge.
Presenting a prenup days before the wedding, especially when the other party has no legal representation, is a significant enforceability risk. Courts consider whether both parties had adequate time to review the agreement without duress.
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Prenuptial agreements can be valuable for protecting pre-marital assets, clarifying financial expectations, and reducing conflict in the event of divorce. They are especially common when one or both partners have significant assets, business interests, children from prior relationships, or anticipate an inheritance. A prenup is not a prediction of divorce—it is financial planning.
Common reasons include: signing under duress or time pressure, lack of independent legal counsel for both parties, failure to fully disclose assets and debts, unconscionable or extremely one-sided terms, or the agreement was signed very close to the wedding date without adequate time for review.
Yes. Having independent legal counsel for each party significantly strengthens a prenup's enforceability. Courts are more likely to uphold an agreement when both parties had an opportunity to consult with their own attorney and understood the terms. Using the same lawyer or signing without any legal review is a major red flag.
Prenups generally cannot cover child custody or child support (courts decide these based on the child's best interest at the time of divorce), encourage divorce, or include terms that violate public policy. Clausy can help identify clauses that may be unenforceable for these reasons.
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Important Legal Disclaimer
Clausy provides informational analysis only and does not constitute legal advice. Results are generated by artificial intelligence and should not be relied upon as a substitute for consultation with a qualified attorney. Prenuptial agreements are complex legal documents—always consult a licensed family law attorney in your jurisdiction before signing.