50-state evidence matrix

Prenups and a void marriage

Catalogued statutory treatment of agreements when the contemplated marriage is later determined to be void.

27 states have 27 separately catalogued authority records for this topic. 23 states show a visible coverage gap.

50states shown

27with evidence records

27matching authorities

23visible gaps

Manual editorial field guide

When a contemplated marriage is later alleged to be void, the ordinary premise of a premarital agreement is disrupted. Review must document marriage status, reliance, transfers, and the narrow relief preserved by the governing authority without assuming the agreement either fully survives or disappears.

384 manually authored words · evidence tables continue below

Establish the status question

Collect certificates, licenses, prior-marriage records, annulment or status pleadings, judgments, and the law governing the ceremony. Do not rely on a party’s label. ‘Void,’ ‘voidable,’ ‘invalid,’ and ‘never registered’ can describe different legal situations, and the prenup article should not collapse them.

Record what each person believed and when. Good-faith belief may matter under a catalogued provision, but the system should state only what the source says and what evidence supports the belief. It should not determine credibility.

Trace reliance and performance

List property transfers, relocations, career changes, debts, support payments, estate-plan changes, and other conduct undertaken in reliance on the marriage or agreement. Some provisions addressing a void marriage preserve only limited relief necessary to avoid an inequitable result. A complete reliance record lets counsel analyze that scope.

Also identify third parties. Deeds, beneficiary designations, business transfers, and creditor rights may create independent questions. Undoing a private agreement does not automatically reverse every completed transaction.

Avoid all-or-nothing language

The phrase ‘the prenup is void’ can be both overbroad and confusing. The relevant source may address enforceability to a limited extent, and other claims may arise outside the act. The report should identify clauses performed, clauses still executory, disputed status facts, and the exact relief language in the authority.

That structured uncertainty is valuable. It shows what can be proved and where a court or lawyer must make the legal judgment, without presenting a rare and fact-sensitive issue as an automated rule.

Questions for the document

What to ask before drawing a conclusion

What is the documented legal status of the marriage, and under which jurisdiction’s law?
Did either party believe in good faith that the marriage was valid, and what supports that belief?
Which agreement provisions were performed and which remain unperformed?
What transfers, reliance, third-party rights, or inequitable-result concerns are documented?

Outside evidence

What the agreement cannot prove alone

Marriage license and certificate, ceremony records, prior-marriage records, pleadings, and judgments
Communications and official records bearing on each party’s belief about status
Deeds, account transfers, payments, relocation records, and career or caregiving changes
Estate documents, beneficiary forms, creditor records, and evidence of completed performance

State	Coverage	Citations and scoped summaries	Next step
Alabama (AL) al-2026-07-22.3	No separate record	The package does not encode this as a standalone topic. No legal absence is inferred.	Open AL checklist →
Alaska (AK) ak-2026-07-23.3	No separate record	The package does not encode this as a standalone topic. No legal absence is inferred.	Open AK checklist →
Arizona (AZ) az-2026-07-20.3	1 source	A.R.S. § 25-202(F) If a marriage is determined to be void, an otherwise premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.	Open AZ checklist →
Arkansas (AR) ar-2026-07-22.3	1 source	Ark. Code Ann. § 9-11-407 For a void marriage, an otherwise premarital agreement is enforceable only as necessary to avoid an inequitable result.	Open AR checklist →
California (CA) ca-2026-07-18.3	1 source	Cal. Fam. Code § 1616 If the marriage is void, the agreement is enforceable only as necessary to avoid an inequitable result.	Open CA checklist →
Colorado (CO) co-2026-07-22.3	1 source	C.R.S. § 14-2-308 For a void marriage, a premarital agreement is enforceable only as necessary to avoid an inequitable result.	Open CO checklist →
Connecticut (CT) ct-2026-07-21.3	1 source	Conn. Gen. Stat. § 46b-36h If the marriage is held void or voidable, an otherwise premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.	Open CT checklist →
Delaware (DE) de-2026-07-21.3	1 source	13 Del. C. § 327 If a marriage is determined to be void, an otherwise premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.	Open DE checklist →
Florida (FL) fl-2026-07-18.3	1 source	Fla. Stat. § 61.079(8) If the marriage is void, the agreement is enforceable only as necessary to avoid an inequitable result.	Open FL checklist →
Georgia (GA) ga-2026-07-22.3	No separate record	The package does not encode this as a standalone topic. No legal absence is inferred.	Open GA checklist →
Hawaii (HI) hi-2026-07-22.3	1 source	Haw. Rev. Stat. § 572D-7 If a marriage is void, an otherwise premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.	Open HI checklist →
Idaho (ID) id-2026-07-22.3	1 source	Idaho Code § 32-926 If a marriage is void, an otherwise premarital agreement is enforceable only as necessary to avoid an inequitable result.	Open ID checklist →
Illinois (IL) il-2026-07-18.3	1 source	750 ILCS 10/8 If the marriage is void, the agreement is enforceable only as necessary to avoid an inequitable result.	Open IL checklist →
Indiana (IN) in-2026-07-22.3	1 source	Ind. Code § 31-11-3-9 If a marriage is void, an otherwise premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.	Open IN checklist →
Iowa (IA) ia-2026-07-22.3	1 source	Iowa Code § 596.10 (2026) If a marriage is void, an otherwise premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.	Open IA checklist →
Kansas (KS) ks-2026-07-22.3	1 source	K.S.A. § 23-2408 If a marriage is void, an otherwise premarital agreement is enforceable only as necessary to avoid an inequitable result.	Open KS checklist →
Kentucky (KY) ky-2026-07-23.3	No separate record	The package does not encode this as a standalone topic. No legal absence is inferred.	Open KY checklist →
Louisiana (LA) la-2026-07-23.3	No separate record	The package does not encode this as a standalone topic. No legal absence is inferred.	Open LA checklist →
Maine (ME) me-2026-07-22.3	1 source	19-A M.R.S. § 609 (2025) If a marriage is void, an otherwise premarital agreement is enforceable only as necessary to avoid an inequitable result.	Open ME checklist →
Maryland (MD) md-2026-07-23.3	No separate record	The package does not encode this as a standalone topic. No legal absence is inferred.	Open MD checklist →
Massachusetts (MA) ma-2026-07-23.3	No separate record	The package does not encode this as a standalone topic. No legal absence is inferred.	Open MA checklist →
Michigan (MI) mi-2026-07-23.3	No separate record	The package does not encode this as a standalone topic. No legal absence is inferred.	Open MI checklist →
Minnesota (MN) mn-2026-07-23.3	No separate record	The package does not encode this as a standalone topic. No legal absence is inferred.	Open MN checklist →
Mississippi (MS) ms-2026-07-23.3	No separate record	The package does not encode this as a standalone topic. No legal absence is inferred.	Open MS checklist →
Missouri (MO) mo-2026-07-23.3	No separate record	The package does not encode this as a standalone topic. No legal absence is inferred.	Open MO checklist →
Montana (MT) mt-2026-07-22.3	1 source	Mont. Code Ann. § 40-2-609 If a marriage is void, an otherwise premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.	Open MT checklist →
Nebraska (NE) ne-2026-07-22.3	1 source	Neb. Rev. Stat. § 42-1007 If a marriage is void, an otherwise premarital agreement is enforceable only as necessary to avoid an inequitable result.	Open NE checklist →
Nevada (NV) nv-2026-07-22.3	1 source	NRS 123A.090 If a marriage is void, an otherwise premarital agreement is enforceable only as necessary to avoid an inequitable result.	Open NV checklist →
New Hampshire (NH) nh-2026-07-23.3	No separate record	The package does not encode this as a standalone topic. No legal absence is inferred.	Open NH checklist →
New Jersey (NJ) nj-2026-07-22.3	1 source	N.J. Stat. § 37:2-39 If a marriage or civil union is void, an otherwise qualifying agreement is enforceable only to the extent necessary to avoid an inequitable result.	Open NJ checklist →
New Mexico (NM) nm-2026-07-22.3	1 source	N.M. Stat. § 40-3A-8 If a marriage is void, an otherwise premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.	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-8 If a marriage is void, an otherwise premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.	Open NC checklist →
North Dakota (ND) nd-2026-07-22.3	1 source	N.D.C.C. § 14-03.2-07 If a marriage is void, a premarital or marital agreement is enforceable to the extent necessary to avoid an inequitable result.	Open ND checklist →
Ohio (OH) oh-2026-07-23.3	No separate record	The package does not encode this as a standalone topic. No legal absence is inferred.	Open OH checklist →
Oklahoma (OK) ok-2026-07-23.3	No separate record	The package does not encode this as a standalone topic. No legal absence is inferred.	Open OK checklist →
Oregon (OR) or-2026-07-22.3	1 source	ORS 108.730 If a marriage is void, an otherwise premarital agreement is enforceable only as necessary to avoid an inequitable result.	Open OR checklist →
Pennsylvania (PA) pa-2026-07-22.3	No separate record	The package does not encode this as a standalone topic. No legal absence is inferred.	Open PA checklist →
Rhode Island (RI) ri-2026-07-22.3	1 source	R.I. Gen. Laws § 15-17-7 If a marriage is void, an otherwise premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.	Open RI checklist →
South Carolina (SC) sc-2026-07-23.3	No separate record	The package does not encode this as a standalone topic. No legal absence is inferred.	Open SC checklist →
South Dakota (SD) sd-2026-07-22.3	1 source	S.D. Codified Laws § 25-2-22 If a marriage is void, an otherwise premarital agreement is enforceable only as necessary to avoid an inequitable result.	Open SD checklist →
Tennessee (TN) tn-2026-07-23.3	No separate record	The package does not encode this as a standalone topic. No legal absence is inferred.	Open TN checklist →
Texas (TX) tx-2026-07-18.3	No separate record	The package does not encode this as a standalone topic. No legal absence is inferred.	Open TX checklist →
Utah (UT) ut-2026-07-22.3	1 source	Utah Code § 81-3-206 If a marriage is void, an otherwise premarital agreement is enforceable only as necessary to avoid an inequitable result.	Open UT checklist →
Vermont (VT) vt-2026-07-23.3	No separate record	The package does not encode this as a standalone topic. No legal absence is inferred.	Open VT checklist →
Virginia (VA) va-2026-07-21.3	1 source	Va. Code § 20-151(C) If a marriage is determined to be void, an otherwise premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.	Open VA checklist →
Washington (WA) wa-2026-07-23.3	No separate record	The package does not encode this as a standalone topic. No legal absence is inferred.	Open WA checklist →
West Virginia (WV) wv-2026-07-23.5	1 source	W. Va. Code § 48-1A-801 If the marriage is void, the would-be premarital agreement is enforceable only as necessary to avoid an inequitable result.	Open WV checklist →
Wisconsin (WI) wi-2026-07-23.3	No separate record	The package does not encode this as a standalone topic. No legal absence is inferred.	Open WI checklist →
Wyoming (WY) wy-2026-07-23.3	No separate record	The package does not encode this as a standalone topic. No legal absence is inferred.	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.