What the agreement should cover There's no set rule as to what a prenuptial agreement must or must not cover. Most are tailored to the individual needs of the people entering the marriage. Other topics might be included, depending on the circumstances. No matter where they live, couples cannot do something a court might consider unreasonable, such as waiving child support for unborn children. The Uniform Premarital Agreement Act, which has been adopted in Arizona, Arkansas, California, Hawaii, Illinois, Iowa, Kansas, Maine, Montana, Nevada, New Jersey, North Carolina, North Dakota, Oregon, Rhode Island, South Dakota, Texas and Virginia, outlines what can be included in a premarital agreement and addresses enforcement, changing or canceling the agreement and other formalities.
Prenuptial agreements drafted by lawyers and lay people are equally valid.
If you're lawyer-less and the other person hires someone from a major firm to negotiate an agreement, you're not exactly on equal footing. If you decide to get a lawyer's help, choose one who specializes in domestic relations law. When interviewing a prospect, ask how many prenuptial agreements he or she has prepared. Anyone who wants property divided in a different way from that set out in state probate or domestic relations law could benefit from a prenuptial agreement. Most people don't have one unless there are special circumstances.