50-state evidence matrix

Prenup signing formalities by state

A source map for writing, signature, notarization, acknowledgment, and related execution records catalogued in each state package.

49 states have 59 separately catalogued authority records for this topic. 1 states show a visible coverage gap.

50states shown

49with evidence records

59matching authorities

1visible gaps

Manual editorial field guide

A signature page is the end of an execution story, not the whole story. A useful formalities review reconstructs the complete instrument, identifies every document the agreement incorporates, and then tests the signing record against the authority actually catalogued for the relevant state.

544 manually authored words · evidence tables continue below

Start by defining the instrument

People often say they have ‘the prenup’ when they have only a scan of its main body. The operative instrument may also include financial schedules, property exhibits, counsel certificates, acknowledgment pages, translations, riders, or later amendments. Page numbering, defined terms, exhibit references, and signature blocks are mundane but powerful clues. Before asking whether the document was executed correctly, make an inventory of what the document says belongs to it and note what is actually present.

Completeness matters because an apparently technical omission can change the question. A missing schedule may be a disclosure problem, an incorporation problem, or simply a scanning problem. An unsigned amendment may leave the original agreement untouched, or it may point to a different signed version that has not been found. The first pass should describe the record without converting uncertainty into a legal conclusion.

Reconstruct the signing event

Build a chronology from native files and outside records. Record when each final document was delivered, when each person signed, where the signing occurred, who was present, and how any notarial or witness certificate was completed. Compare electronic timestamps, email attachments, calendar invitations, invoices, and file metadata. If duplicate signature pages exist, preserve all of them; differences can reveal that the parties signed separate counterparts or that the assembled copy is not the final one.

Do not assume that a notary stamp cures every issue or that the absence of one is automatically fatal. States use different formation rules, and related instruments such as deeds can have their own execution requirements. The correct question is narrower: what formality does the cited authority describe for this agreement or connected instrument, and what evidence shows that the required act occurred?

Keep formation and enforcement separate

A document can look formally complete while still raising disclosure, voluntariness, counsel, timing, or clause-specific questions. Conversely, an irregular-looking scan does not prove that the original was defective. This is why the evidence map separates formalities from other topics. The separation prevents one visible fact—usually the signature page—from carrying more weight than it can support.

The practical output is an exception list, not a verdict. Identify missing pages, inconsistent dates, uncertain incorporations, altered pagination, incomplete certificates, and unverified amendments. Tie each exception to a source-backed question for the appropriate jurisdiction. That gives a reviewer something concrete to resolve without pretending that document inspection alone determines enforceability.

Questions for the document

What to ask before drawing a conclusion

Does the final text identify schedules, exhibits, certificates, or related instruments that are not in the file?
Do names, dates, page counts, initials, signatures, and acknowledgment blocks remain consistent across every copy?
Was any later change executed using the form required for amendment or revocation?
Does a deed, trust, beneficiary form, or other implementing document require a separate formality?

Outside evidence

What the agreement cannot prove alone

Original or best available signed copy, including backs of pages and every exhibit
Native drafts, signature-platform audit trail, email attachments, and file metadata
Notary journal or certificate, witness information, counsel certificates, and translation records
Every alleged amendment, revocation, restatement, deed, trust instrument, and beneficiary designation

State	Coverage	Citations and scoped summaries	Next step
Alabama (AL) al-2026-07-22.3	1 source	Ala. Code § 8-9-2(4) An agreement, promise, or undertaking made upon consideration of marriage, other than mutual promises to marry, is void unless a writing or memorandum expresses the consideration and is subscribed by the party to be charged or an authorized person.	Open AL checklist →
Alaska (AK) ak-2026-07-23.3	2 sources	Alaska Stat. § 09.25.010(a)(5) An agreement made upon consideration of marriage, other than mutual promises to marry, is unenforceable against the party charged unless the agreement or a note or memorandum is written and subscribed by that party or an authorized agent. Alaska Stat. § 34.77.090(a)–(b) The separate Community Property Act instrument must be in a written document signed by both spouses, classify some or all property as community property, and begin with the statute's capital-letter warning; it is enforceable without consideration.	Open AK checklist →
Arizona (AZ) az-2026-07-20.3	1 source	A.R.S. § 25-202(A) An Arizona premarital agreement must be in writing and signed by both parties and is enforceable without consideration.	Open AZ checklist →
Arkansas (AR) ar-2026-07-22.3	1 source	Ark. Code Ann. § 9-11-402; 2017 Ark. Acts 654 An agreement must be written, signed, and acknowledged by both parties; the 2017 amendment supplies four alternative acknowledgment methods.	Open AR checklist →
California (CA) ca-2026-07-18.3	1 source	Cal. Fam. Code § 1611 A premarital agreement must be written and signed by both parties.	Open CA checklist →
Colorado (CO) co-2026-07-22.3	2 sources	C.R.S. § 14-2-306 An agreement must be in a record and signed by both parties and is enforceable without consideration. In re Marriage of Zander, 2021 CO 12, 480 P.3d 676 Zander held the predecessor Act's writing-and-signature rule controlled and partial performance did not validate an oral agreement.	Open CO checklist →
Connecticut (CT) ct-2026-07-21.3	1 source	Conn. Gen. Stat. § 46b-36c A Connecticut premarital agreement must be in writing and signed by both parties and is enforceable without consideration.	Open CT checklist →
Delaware (DE) de-2026-07-21.3	1 source	13 Del. C. § 322 A Delaware premarital agreement must be in writing and signed by both parties and is enforceable without consideration.	Open DE checklist →
Florida (FL) fl-2026-07-18.3	1 source	Fla. Stat. § 61.079(3) A premarital agreement must be written and signed by both parties.	Open FL checklist →
Georgia (GA) ga-2026-07-22.3	1 source	O.C.G.A. § 19-3-62 For agreements governed by the current statute, an antenuptial agreement must be in writing, signed by both parties, and attested by at least two witnesses, one of whom must be a notary public.	Open GA checklist →
Hawaii (HI) hi-2026-07-22.3	1 source	Haw. Rev. Stat. § 572D-2 A Hawaii premarital agreement must be in writing and signed by both parties and is enforceable without consideration.	Open HI checklist →
Idaho (ID) id-2026-07-22.3	2 sources	Idaho Code §§ 32-917, 32-922 An Idaho premarital agreement must be written and signed by both parties, is enforceable without consideration, and must also be executed and acknowledged or proved in the manner required for land conveyances. Dunagan v. Dunagan, 147 Idaho 599, 213 P.3d 384 (2009) Dunagan declined to enforce the parties' alleged oral agreement to keep finances separate because Idaho requires marriage settlements to be written, properly executed, and acknowledged or proved; the claimed partial performance did not cure the missing formalities.	Open ID checklist →
Illinois (IL) il-2026-07-18.3	1 source	750 ILCS 10/3 A premarital agreement must be written and signed by both parties.	Open IL checklist →
Indiana (IN) in-2026-07-22.3	1 source	Ind. Code § 31-11-3-4 An Indiana premarital agreement must be in writing and signed by both parties and is enforceable without consideration.	Open IN checklist →
Iowa (IA) ia-2026-07-22.3	1 source	Iowa Code § 596.4 (2026) An Iowa premarital agreement must be in writing and signed by both prospective spouses and is enforceable without consideration other than marriage.	Open IA checklist →
Kansas (KS) ks-2026-07-22.3	1 source	K.S.A. § 23-2403 A Kansas premarital agreement must be in writing and signed by both parties and is enforceable without consideration.	Open KS checklist →
Kentucky (KY) ky-2026-07-23.3	1 source	Ky. Rev. Stat. § 371.010(5) An agreement made in consideration of marriage, other than mutual promises to marry, must be in writing and signed by the party to be charged or that party's authorized agent to support an action.	Open KY checklist →
Louisiana (LA) la-2026-07-23.3	2 sources	La. Civ. Code art. 2331 A matrimonial agreement made before or during marriage must be an authentic act or an act under private signature duly acknowledged by the spouses. Acurio v. Acurio, 2016-C-1395 (La. May 3, 2017), 224 So. 3d 935 A private-signature premarital agreement must be duly acknowledged before marriage; later acknowledgment does not cure the missing pre-marriage form without satisfying the during-marriage regime-change rules.	Open LA checklist →
Maine (ME) me-2026-07-22.3	1 source	19-A M.R.S. § 603 (2025) A Maine premarital agreement must be in writing and signed by both parties and is enforceable without consideration.	Open ME checklist →
Maryland (MD) md-2026-07-23.3	1 source	Cannon v. Cannon, 384 Md. 537, 865 A.2d 563 (2005) Maryland has no comprehensive UPAA-style execution statute; Cannon reviewed a signed and notarized written agreement but did not create a universal statutory witness, notary, or waiting-period safe harbor.	Open MD checklist →
Massachusetts (MA) ma-2026-07-23.3	1 source	Mass. Gen. Laws ch. 209, § 25 Before marriage, parties may make a written contract concerning property or rights of action held when marriage occurs; its limitations take effect upon marriage as if in a deed.	Open MA checklist →
Michigan (MI) mi-2026-07-23.3	1 source	MCL 566.132(1)(c) An agreement upon consideration of marriage, except mutual promises to marry, is void unless written and signed by the party against whom enforcement is sought.	Open MI checklist →
Minnesota (MN) mn-2026-07-23.3	2 sources	Minn. Stat. § 519.11, subd. 1b(b)(3) A covered antenuptial agreement must be written, executed before two witnesses, and acknowledged by both parties before a person authorized to administer an oath. Minn. Stat. § 519.11, subd. 1b(d) A power of attorney does not satisfy the current writing, witness, and acknowledgment execution requirement.	Open MN checklist →
Mississippi (MS) ms-2026-07-23.3	1 source	Miss. Code § 15-3-1(b) An agreement made upon consideration of marriage, except mutual promises to marry, must be evidenced by a writing signed by the party to be charged.	Open MS checklist →
Missouri (MO) mo-2026-07-23.3	2 sources	Mo. Rev. Stat. § 451.220 A marriage contract affecting an estate must be in writing and acknowledged or proved in the manner Missouri law specifies. Mo. Rev. Stat. § 432.010 An agreement made upon consideration of marriage, other than mutual promises to marry, must be written and signed by the party to be charged.	Open MO checklist →
Montana (MT) mt-2026-07-22.3	1 source	Mont. Code Ann. § 40-2-604 A Montana premarital agreement must be in writing and signed by both parties and is enforceable without consideration.	Open MT checklist →
Nebraska (NE) ne-2026-07-22.3	1 source	Neb. Rev. Stat. § 42-1003 A Nebraska premarital agreement must be in writing and signed by both parties.	Open NE checklist →
Nevada (NV) nv-2026-07-22.3	1 source	NRS 123A.040 A Nevada premarital agreement must be in writing and signed by both parties and is enforceable without consideration.	Open NV checklist →
New Hampshire (NH) nh-2026-07-23.3	2 sources	N.H. Rev. Stat. Ann. § 460:2-a Two people in contemplation of marriage may enter a written interspousal contract under section 460:2-a. In the Matter of Serodio & Perkins, 172 N.H. 340 (2014) A lost or destroyed written premarital agreement may be proved with secondary evidence after satisfactory proof of loss or destruction and of its contents.	Open NH checklist →
New Jersey (NJ) nj-2026-07-22.3	1 source	N.J. Stat. § 37:2-33 A New Jersey premarital or pre-civil-union agreement must be in writing, have a statement of assets annexed, and be signed by both parties; it is enforceable without consideration.	Open NJ checklist →
New Mexico (NM) nm-2026-07-22.3	1 source	N.M. Stat. § 40-3A-3 A New Mexico premarital agreement must be in writing, signed by both parties, and acknowledged; it is enforceable without consideration.	Open NM checklist →
New York (NY) ny-2026-07-18.3	No separate record	The package does not encode this as a standalone topic. No legal absence is inferred.	Open NY checklist →
North Carolina (NC) nc-2026-07-22.3	1 source	N.C. Gen. Stat. § 52B-3 A North Carolina premarital agreement must be in writing and signed by both parties and is enforceable without consideration.	Open NC checklist →
North Dakota (ND) nd-2026-07-22.3	3 sources	N.D.C.C. § 14-03.2-05 A North Dakota premarital or marital agreement must be in a record and signed by both parties and is enforceable without consideration. N.D.C.C. § 14-03.2-08(1)(c), (3) Unless a party had independent representation when signing, North Dakota requires a conspicuous statutory-style waiver notice or a plain-language explanation of the modified or waived marital rights and obligations. N.D.C.C. § 14-03.2-11 North Dakota specifies how chapter 14-03.2 modifies, limits, and supersedes parts of the federal E-SIGN Act while preserving specified consumer-consent and notice provisions.	Open ND checklist →
Ohio (OH) oh-2026-07-23.3	1 source	Ohio Rev. Code § 1335.05 An agreement made upon consideration of marriage, other than mutual promises to marry, must be in writing and signed by the party to be charged.	Open OH checklist →
Oklahoma (OK) ok-2026-07-23.3	1 source	Okla. Stat. tit. 43, § 121(B) Oklahoma's equitable-property division is expressly subject to a valid antenuptial contract in writing.	Open OK checklist →
Oregon (OR) or-2026-07-22.3	1 source	ORS 108.705 An Oregon premarital agreement must be in writing and signed by both parties and is enforceable without consideration.	Open OR checklist →
Pennsylvania (PA) pa-2026-07-22.3	1 source	23 Pa.C.S. § 3106(a)(2)(ii), (b) Section 3106 defines a premarital agreement and requires an express waiver of additional financial disclosure to be in writing, but it does not state a comprehensive writing-and-signature formality for the agreement itself.	Open PA checklist →
Rhode Island (RI) ri-2026-07-22.3	1 source	R.I. Gen. Laws § 15-17-2 A premarital agreement must be in writing and signed by both parties and is enforceable without consideration.	Open RI checklist →
South Carolina (SC) sc-2026-07-23.3	1 source	S.C. Code Ann. § 20-3-630(A)(4) Property excluded by a written contract is nonmarital property, and the statute expressly includes antenuptial agreements.	Open SC checklist →
South Dakota (SD) sd-2026-07-22.3	1 source	S.D. Codified Laws § 25-2-17 A South Dakota premarital agreement must be in writing and signed by both parties and is enforceable without consideration.	Open SD checklist →
Tennessee (TN) tn-2026-07-23.3	1 source	Tenn. Code Ann. § 29-2-101(a)(3), (c) An action on an agreement made upon consideration of marriage generally requires a writing or record signed by the party to be charged.	Open TN checklist →
Texas (TX) tx-2026-07-18.3	1 source	Tex. Fam. Code § 4.002 A premarital agreement must be written and signed by both parties.	Open TX checklist →
Utah (UT) ut-2026-07-22.3	1 source	Utah Code § 81-3-202 A Utah premarital agreement must be in writing and signed by both parties and is enforceable without consideration.	Open UT checklist →
Vermont (VT) vt-2026-07-23.3	1 source	12 V.S.A. § 181(3) An action on an agreement made in consideration of civil marriage requires a signed writing or memorandum.	Open VT checklist →
Virginia (VA) va-2026-07-21.3	1 source	Va. Code § 20-149 A Virginia premarital agreement must be in writing and signed by both parties and is enforceable without consideration.	Open VA checklist →
Washington (WA) wa-2026-07-23.3	1 source	RCW 26.16.120 A community-property agreement effective at death must be written, signed and sealed, witnessed, acknowledged, and certified like a real-estate deed.	Open WA checklist →
West Virginia (WV) wv-2026-07-23.5	1 source	W. Va. Code § 48-1A-201 A premarital agreement must be written, signed by both parties, and acknowledge that both had an opportunity to consult separate legal counsel; consideration is unnecessary.	Open WV checklist →
Wisconsin (WI) wi-2026-07-23.3	1 source	Wis. Stat. § 766.58(1) A marital-property agreement must be a document signed by both spouses; only the spouses may be parties, and consideration is unnecessary.	Open WI checklist →
Wyoming (WY) wy-2026-07-23.3	2 sources	Wyo. Stat. Ann. § 1-23-105(a)(iii) An agreement, promise, or undertaking made upon consideration of marriage, other than the mutual promise to marry, must be in writing and subscribed by the party to be charged. Wyo. Stat. Ann. § 2-5-102 Elective-share, homestead, exempt-property, and family-allowance rights may be waived wholly or partly before or after marriage by a written contract, agreement, or waiver signed after fair disclosure.	Open WY checklist →

Matrix and list placement describes the records in PrenupsAI's current evidence packages. It does not rank legal strictness, predict enforceability, or mean that an unlisted state has no applicable rule. Open the cited sources to inspect the underlying authority.