A premarital agreement, otherwise known as a prenuptial agreement or "prenupt", is a contract which two people enter into prior to marriage. There are five elements required for a prenuptial agreement to have standing within the U.S., including: The agreement must be in writing; It must have been entered into on a voluntary basis by both parties; Both parties must have offered full and fair disclosure prior to signing; The agreement must not be unconscionable; Both parties must sign the agreement. One thing in which cannot be outlined in a prenuptial agreement is any issue as it relates to children of the marriage. The primary purpose for this exclusion is to allow for courts to determine what is in the best interest of the children at the time of the divorce.