What Happens If Your Spouse Refuses to Sign a Prenup?

Published on: 3 Apr 2025

Talking about a prenuptial agreement (prenup) can be a sensitive subject, even for the strongest couples. While many people understand the financial protection and peace of mind a prenup offers, not everyone is eager to sign one. If your partner refuses to sign a prenup, it can raise tough questions: What does it mean? What are your options? Should you still move forward with the marriage?

In this article, we’ll explore what happens if your spouse won’t sign a prenup, why some partners are hesitant, and what steps you can take to protect yourself—regardless of their decision.

1. Can You Get a Prenup Without Both Signatures?

No. A prenup must be signed voluntarily by both parties before marriage to be valid and enforceable. If your spouse refuses to sign, the agreement can’t be executed. That means you cannot create a one-sided prenup or force your partner to agree.

A valid prenup requires:

• Consent from both partners
• Full financial disclosure
• A written, signed agreement
• No coercion or undue pressure

Without those elements, the document may be invalid—or never take effect at all.

2. Why Some Partners Refuse to Sign a Prenup

There are several common reasons why someone might feel uncomfortable with the idea of a prenuptial agreement:

2.1. Emotional Discomfort

Some people see a prenup as unromantic or feel that it implies a lack of trust. They may worry that it suggests you're planning for divorce before the marriage has even begun.

2.2. Misinformation

Many people think prenups only benefit the wealthier partner, or that signing one means they’re giving up all financial rights. In reality, a prenup can protect both parties and create a fair financial plan for the future.

2.3. Pressure or Poor Timing

Bringing up a prenup too close to the wedding—or without context—can create stress. If your partner feels blindsided or pressured, they may refuse out of principle.

2.4. Fear of Losing Leverage

In some cases, a partner may worry that signing a prenup will leave them financially vulnerable, especially if they plan to leave the workforce, raise children, or make other sacrifices during the marriage.

3. What You Can Do If Your Partner Says No

3.1. Start an Open and Honest Conversation

Instead of presenting a prenup as a demand, frame it as a way to build financial transparency and protect both partners. Share why it matters to you and ask for their concerns.

Some helpful approaches include:

• “I see this as a financial planning tool, not a sign I doubt our future.”
• “We both have things we want to protect—this is a way to ensure fairness for both of us.”
• “Let’s talk about how we can structure this so that it works for both of us.”

3.2. Offer to Create the Agreement Together

Some partners feel more comfortable if they can help shape the terms of the prenup. Using a platform like prenups.ai allows you to go through the process collaboratively, step by step.

3.3. Suggest a Compromise

If your partner is worried about the fairness of the agreement, suggest including protections for both of you—such as spousal support, asset sharing, or joint savings plans.

3.4. Give It Time

Don’t wait until the week before the wedding. Start the conversation early so both of you have time to think, seek legal guidance if needed, and approach the agreement without pressure.

4. What If They Still Refuse?

If your partner won’t sign a prenup despite your efforts to collaborate and compromise, you have three main options:

Option 1: Get Married Without a Prenup

In this case, your marriage will fall under your state’s default divorce laws. This usually means:

• All income earned during the marriage is considered marital property
• Debts incurred during the marriage may be shared
• A judge decides how to divide assets, assign spousal support, and resolve disputes

If you're comfortable with those laws and feel your relationship is strong without a prenup, you can proceed. However, it’s wise to understand exactly what rights and risks you’re taking on.

Option 2: Consider a Postnup Later

A postnuptial agreement is similar to a prenup but is signed after you’re already married. If your partner isn’t ready to commit to a prenup now, they might be more open to a postnup later—especially after you’ve built more trust or experienced a financial milestone together.

Option 3: Reevaluate the Relationship

If a prenup is a dealbreaker for you—because of personal values, family obligations, or business protection—it’s important to reflect on whether moving forward without one aligns with your long-term goals. This isn’t about distrust—it’s about financial security, communication, and compatibility.

5. Protecting Yourself Without a Prenup

Even without a prenup, there are still ways to protect your finances:

• Keep pre-marital assets separate and in your name only
• Avoid mixing inherited money or personal investments with joint accounts
• Maintain clear records of who paid for what
• Track debt obligations and ensure you’re not liable for loans that aren’t yours

But keep in mind: these steps offer only partial protection. A prenup is the clearest and most enforceable way to define financial boundaries in marriage.

6. How prenups.ai Can Help

At prenups.ai, we’ve made it easier than ever to approach prenuptial agreements with clarity and confidence. Our platform:

• ✅ Helps you walk through the prenup together, step by step
• ✅ Offers plain-English explanations of every section
• ✅ Lets you customize the agreement to suit both partners
• ✅ Creates a legally sound document based on your state’s laws

Instead of hiring expensive lawyers or stressing over paperwork, you can create a fair, transparent prenup that protects you both.

7. Final Thoughts

If your partner refuses to sign a prenup, it’s not necessarily the end of the conversation—or the relationship. It may just mean more time, more understanding, and a more collaborative approach.

But it’s also important to be honest with yourself about your boundaries, your goals, and what financial protection means to you.

📌 Ready to start the conversation? Explore your options at prenups.ai and take the first step toward a smarter, more secure financial future—together.