Are Prenuptial Agreements Public Records?

By Gina Stewart

wedding day image by Bettina Baumgartner from

Prenuptial agreements should be drafted by an attorney and are a binding contract between two people intending to get married. Depending on which state a couple lives in, their prenuptial agreement could be a matter of public record.


There are many misconceptions about prenuptial agreements, the biggest being that they are only for the rich and famous or older, wealthy men wanting to protect their fortunes from nefarious fiancées. This is often not the case as many couples decide to make an arrangement for their future in case of divorce or death. Women are just as likely as men to be wealthy.


The Uniform Premarital Agreement Act (UPAA) came about in the early 1980s to give a more consistent form to prenuptial agreements from state to state. The UPAA has been adopted by most states and governs what can and can not be enforced through the law.

Local Jurisdiction

Since there is no all encompassing rule on making a prenuptial agreement public record, it is up to the couple's attorney to check with the local probate office or land recorder's office to verify recording of this type of legal document. Once the document is recorded, then becomes a matter of public record.