Honesty is the foundation of any valid prenuptial agreement. Before you can decide how to divide property or define what’s separate, both partners need to share a clear picture of their finances. This step — called financial disclosure — isn’t just a formality. It’s what makes a prenup legally solid and fair to both sides.
Why Financial Disclosure Matters
Every state requires that a prenup be entered into voluntarily and with full knowledge of each other’s financial situation. If one person hides assets, underreports income, or signs without understanding what’s being waived, a court could later decide the prenup is invalid.
In short, no disclosure = no enforceable prenup.
Trusted Prenup’s builder includes built-in prompts to help you disclose what’s required for your state and avoid the most common mistakes that lead to challenges later.
What to Disclose
Below is a complete checklist of what each partner should prepare before signing a prenup. You don’t need to provide every receipt or bank statement — summaries and supporting documents are usually enough — but transparency is key.
1. Assets (What You Own)
Include everything you currently own, whether individually or jointly:
-
Real estate (homes, land, investment properties)
-
Bank accounts (checking, savings, money market)
-
Investment accounts (stocks, bonds, ETFs, retirement funds)
-
Business interests or partnerships
-
Vehicles, boats, or recreational assets
-
Valuable personal property (art, jewelry, collectibles)
-
Life insurance policies with cash value
-
Intellectual property or royalties
Tip: If you’re unsure of value, list your best estimate and note how it was determined (e.g., “based on Zillow estimate” or “per brokerage account statement”).
2. Debts and Liabilities (What You Owe)
Transparency about debt is just as important as disclosing assets. List:
-
Mortgages and home equity loans
-
Student loans
-
Car loans or leases
-
Credit card balances
-
Business debts or personal guarantees
-
Tax liabilities
-
Any pending lawsuits or judgments
A fair prenup can’t be built on half the story — undisclosed debt can create resentment and legal exposure later.
3. Income Sources
Show how much you earn and from where:
-
Salaries or wages
-
Bonuses, commissions, or profit sharing
-
Business or consulting income
-
Investment income (dividends, interest, capital gains)
-
Rental income
-
Trust distributions or annuities
Include both gross annual income and any expected changes (for example, a planned career change or upcoming business sale).
4. Future Interests
Courts may also expect you to disclose assets you expect to receive later, such as:
-
Inheritances or gifts reasonably anticipated
-
Beneficiary interests in family trusts
-
Stock options or deferred compensation
-
Pending business deals or buyouts
These don’t have to be valued precisely but should be mentioned to show transparency.
5. Expenses and Lifestyle Information
A simple summary of major monthly or annual expenses can help both partners understand each other’s financial commitments. Consider noting:
-
Housing costs (mortgage, rent, taxes)
-
Insurance premiums
-
Loan repayments
-
Dependent or family support obligations
Including this information isn’t legally required everywhere, but it provides useful context for fair spousal support or property division discussions.
How to Organize Your Disclosure
-
Use clear schedules or attachments. Trusted Prenup automatically generates “Schedule A” and “Schedule B” — one for each partner — making it easy to list your assets and debts.
-
Be specific where possible. “Savings account at Chase ending in 4721 – balance $8,250” is clearer than “bank account.”
-
Attach supporting documents. Bank or brokerage statements, property appraisals, or debt summaries lend credibility.
-
Sign and date your schedules. This confirms that both parties reviewed and agreed the disclosure is complete to the best of their knowledge.
How Trusted Prenup Simplifies the Process
Our platform walks you through every disclosure category with plain-English explanations and reminders based on your state’s requirements. You can:
-
Enter information securely online
-
Upload optional supporting documents
-
Automatically generate professional disclosure schedules
-
Have both partners and attorneys review and sign off digitally
By guiding you through what to include — and what not to forget — Trusted Prenup saves time, ensures completeness, and strengthens your agreement’s validity.
Final Thoughts
Financial disclosure isn’t just a legal checklist; it’s an exercise in trust. Being transparent now protects both partners later — legally and emotionally. When everything is on the table, your prenup becomes what it’s meant to be: a mutual plan for your financial future, built on honesty and respect.
Next steps
General information only, not legal advice. For personal advice, consult a local attorney.
Related: State Guides · Planning & Process · Money & Assets
