• Prenup must be in writing (no oral agreements)
• Prenup must be signed by both parties.
• Both spouses must enter into the agreement voluntarily.
• Both spouses must provide “fair and reasonable” financial disclosure to one another. This means providing the values of all assets, debts, income, and future inheritances.
• The prenup must not include terms against public policy or against the law.
• The prenup must not include terms about spousal support, child support, child custody, or attorney’s fees for child support/custody.

• The prenup must not be entered into under any level of coercion, duress, or undue influence.
• The prenup must not lack “fair and reasonable” financial disclosure.
• The prenup must not include terms against public policy or against the law.
• The prenup must not include terms about spousal support, child support, child custody, or attorney’s fees for child support/custody.
• The prenup must not be unconscionable.

Randall and Teresa, both entering their second marriages, discussed protecting Randall’s assets for his children from a previous marriage. They agreed on a prenup drafted by Randall (he was an attorney). Despite Randall’s encouragement to have the prenup reviewed by her own attorney, Teresa didn’t seek additional legal counsel, and they signed the agreement. Later, when their marriage ended, Randall wanted to enforce the prenup, but Teresa argued it was involuntary and unconscionable (overly unfair). The court disagreed with her.

The court’s ruling

The court explained that the agreement was not signed involuntarily because Teresa did not show that there was any duress or undue influence shown in executing the agreement. She could’ve canceled the wedding, and she also knew that Randall wouldn’t remarry without a prenuptial agreement.

Furthermore, the agreement’s terms were balanced and reasonable, and Teresa had ample time (10 days) to consider it and seek legal counsel if she desired. Coupled with her education and intelligence, these factors eliminated any concerns about conscionability of the prenup.

The bottom line? The prenup was upheld–and the court emphasized that you can’t just claim buyer’s remorse to get out of your prenup. There needs to be substantial evidence that the agreement was made under duress, undue influence, or unconscionable (meaning it shocked the conscience of the court).

Husband and wife signed a prenup five days before their wedding. The prenup included a clause that said (in essence) that neither party shall have the right to attorney’s fees and expenses upon a divorce. During the divorce proceedings, the parties litigated child support and custody, and the wife then asked for attorney’s fees for this. The husband argued the prenup did not require him to pay her attorney’s fees. The wife argued this was against public policy.

The result? The court agreed with the wife that you cannot waive the right to receive attorney’s fees for matters regarding child support or child custody in a prenuptial agreement. Why? Because it is Iowa’s policy to protect children, and allowing a couple to waive attorney’s fees for child support or custody discourages them from pursuing litigation in their children’s best interest.

The bottom line? You may waive attorneys fees for matters related to other types of litigation, such as attorneys fees for litigating the prenup itself, but NOT regarding attorneys fees for child support or custody.

In re Marriage of Erpelding, 917 N.W.2d 235, 237 (Iowa 2018)

In this case, a couple had a prenuptial agreement stating that each spouse waived their statutory elective share, but they also agreed that each would take one-third of the other’s net real property interests at the time of death. (“waiving elective share” means giving up the right to claim a portion of the other’s estate upon death).

After 24 years of marriage, they amended their prenup. The new agreement, which they called a “partial revocation,” kept the elective share but removed the right to one-third of the other’s property. In short, the wife would get less when her husband died with this new amendment.

The wife received some immediate financial benefits in exchange for signing this new agreement. However, after the husband passed away, she challenged its enforceability.

Basically, the Iowa Supreme Court said that if you’re already married and have a prenup, you can’t make a new agreement about your potential inheritance rights in each other’s property. You can cancel your original prenup, but you can’t replace it with a new one while you’re still married.

Roberts v. Roberts as trustee of W. David Roberts Revocable Tr., .6 N.W.3d 730, 738 (Iowa 2024).