DC Prenuptial Agreement Laws: Requirements and Enforceability (2026)

Prenuptial agreements are enforceable in the District of Columbia under its version of the Uniform Premarital Agreement Act, D.C. Code §§ 46-501 to 46-510. The agreement must be in writing and signed by both parties (§ 46-502), and § 46-506 sets out the grounds on which a court will refuse to enforce it.

Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers premarital agreements under D.C. Code §§ 46-501 to 46-510 and the treatment of antenuptial and postnuptial agreements in § 16-910(a). It does not cover agreements signed before February 9, 1996, agreements governed by another state's law, or how to draft an agreement. For property division without an agreement, see District of Columbia divorce laws.

Which law governs prenups in DC

The District enacted the Uniform Premarital Agreement Act (1983) through D.C. Law 11-82, codified at D.C. Code §§ 46-501 to 46-510. The code editor's notes on each section identify the uniform-act section it is based on. D.C. Law 16-79 (2006) extended the act to domestic partnerships, and D.C. Law 17-231 (2008) updated its cross-references to the domestic partnership statute.

The act does not reach every prenup in D.C. Section 46-509 provides: "This chapter applies to any premarital agreement executed on or after February 9, 1996." This page does not cover the rules for an agreement signed before that date.

Formal requirements for a DC prenup

Section 46-502 sets the basic rule:

"A premarital agreement must be in writing and signed by both parties. It is enforceable without consideration."

Section 46-502 does not add a notarization or witness requirement. Under § 46-504, "A premarital agreement becomes effective upon marriage or the registration of a domestic partnership under § 32-702."

When a prenup is not enforceable in DC

Section 46-506(a) places the burden on the party challenging the agreement. The agreement is not enforceable if that party proves either of two things.

1. Involuntary signing. "That party did not execute the agreement voluntarily" (§ 46-506(a)(1)).

2. Unconscionability plus missing disclosure. "The agreement was unconscionable when it was executed and, before execution of the agreement, that party" (§ 46-506(a)(2)) met all three of these conditions:

• "(A) Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party";
• "(B) Did not voluntarily and expressly waive, in writing, any right to disclosure"; and
• "(C) Did not have, or reasonably could not have had, an adequate knowledge" of the other party's property or financial obligations.

The second ground is conjunctive: unconscionability at signing must be combined with all three disclosure failures. Under § 46-506(c), "An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law."

Lawyers and waiting periods

Sections 46-501 to 46-510 do not require either party to have independent counsel and do not set a waiting period before signing. A lawyer licensed in D.C. can draft or review these agreements, and disclosure and voluntariness are the issues § 46-506 puts at the center of any later challenge.

Spousal support waivers

A D.C. prenup may modify or eliminate spousal or domestic partner support, subject to one statutory limit. Under § 46-506(b), if that modification or elimination makes one party eligible for public assistance at the time of separation or dissolution, the court may require the other party to provide support to the extent necessary to avoid that eligibility, notwithstanding the agreement.

For how D.C. courts award support without an agreement, see District of Columbia alimony laws.

What a DC prenup cannot do

Section 46-503(b) provides: "The right of a child to support may not be adversely affected by a premarital agreement." This page does not cover whether an agreement can address custody.

If the marriage turns out to be void

Section 46-507 covers a marriage later determined to be void. In that case the agreement is enforceable only to the extent necessary to avoid an inequitable result, unless the agreement expressly provides otherwise.

Changing or revoking a prenup

Section 46-505 provides: "After marriage or the registration of a domestic partnership under § 32-702, a premarital agreement may be amended or revoked only by a written agreement signed by the parties." The amendment or revocation is enforceable without consideration.

Section 46-508 protects claims during the marriage: "Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage or domestic partnership of the parties to the agreement." Equitable defenses, including laches and estoppel, remain available.

Postnuptial agreements in DC

D.C.'s property-division statute recognizes postnuptial agreements. Section 16-910(a) applies on a final decree of legal separation, annulment or divorce "in the absence of a valid antenuptial or postnuptial agreement resolving all issues related to the property of the parties." This page does not cover the formal requirements for a postnuptial agreement; ask a lawyer licensed in D.C. about them.

DC property division without a prenup

D.C. is an equitable-distribution jurisdiction, not a community-property one. Section 16-910, titled "Assignment and equitable distribution of property," directs the court to assign separate property and equitably distribute marital property when no valid agreement resolves all property issues. See District of Columbia divorce laws.

Disclaimer: This article provides general legal information about premarital agreements under District of Columbia law (D.C. Code §§ 46-501 to 46-510 and § 16-910), verified on 2026-10-08. It is not legal advice and is not a template for an agreement. For advice about your situation, consult a lawyer licensed in the District of Columbia.

Related

• Prenuptial agreement laws in every state
• District of Columbia divorce laws
• District of Columbia alimony laws
• District of Columbia child support laws

Last updated: 2026-10-08.

Frequently Asked Questions

Are prenups enforceable in DC?

Yes. D.C. Code §§ 46-501 to 46-510 make a written, signed premarital agreement enforceable unless the challenging party proves one of the defenses in § 46-506(a).

Does a DC prenup have to be notarized?

Section 46-502 requires only that the agreement be in writing and signed by both parties. It does not require notarization or witnesses.

Do both parties need a lawyer for a DC prenup?

Sections 46-501 to 46-510 do not require independent counsel for either party. A lawyer licensed in D.C. can draft or review these agreements.

Is there a waiting period to sign a prenup in DC?

The D.C. premarital agreement statute, §§ 46-501 to 46-510, does not set a waiting period between receiving and signing the agreement.

Can a prenup waive alimony in DC?

It can modify or eliminate spousal support, but under § 46-506(b) the court may still require support to the extent necessary to keep a spouse or domestic partner from becoming eligible for public assistance.

Can a prenup set child support in DC?

No. Section 46-503(b) provides that the right of a child to support may not be adversely affected by a premarital agreement.

Do DC prenup rules apply to domestic partners?

Yes. D.C. amended its act to cover domestic partnerships; under § 46-504 an agreement becomes effective on marriage or on registration of a domestic partnership under § 32-702.

Are postnuptial agreements valid in DC?

Section 16-910(a) refers to a valid antenuptial or postnuptial agreement resolving all property issues, so the property statute contemplates postnuptial agreements. This page does not cover the formal requirements for one.