Till death do us part, right? While this may be the primary goal of most marriages, sometimes, people do part before they pass away. Now, the reason is not important, but divorces can be messy, especially if spouses have signed a prenup.
Whether you’re curious about what a prenup is or you want to learn more about a specific marriage, you may be curious if this information is available to the public. So, are prenups public record? The short answer is no, but there’s more to it than that. Stick around to learn more.
What Is a Prenup?
Before you look for information about a prenup, it’s important to understand what a prenup is. Prenups are an agreement between spouses that takes place prior to a marriage. The purpose of the agreement is to determine how assets are handled in the event of divorce. However, some prenups may even have clauses that determine how funds are distributed after death, albeit these are less common.
Are Prenups Public Record?
Prenups aren’t usually public records. This is because prenups aren’t usually filed with the state. Instead, the records are kept with the spouses or an attorney. That said, prenups may become public records if they’re contested. For example, if a spouse sues another spouse, the prenup may be available to the public because it must be filed with state courts.
In fact, if spouses enter into divorce, there’s a good chance that the documents may become public due to the nature of divorce. Depending on the type of prenup and the state, there may also be additional exceptions. For example, Louisiana allows parties to file prenups with the state, and state law even requires it when it comes to some property laws.
How to Find Prenups in Public Records
If you suspect that a prenup is publicly available, there are a few tools you can leverage to find information about it. You can leverage state databases, search engines, and public record search tools. Learn more about these options below.
1. Public Record Search Tools
The best way to find a prenup, if one is available to the public, is to leverage a public record search tool. These tools will help you comb through millions of public records in a matter of minutes. That said, when using third-party tools to access public records, it’s important to choose reliable tools that provide you with fast and accurate results.
It’s for this reason that we always recommend using UnMask’s public record search tool. Simply enter someone’s first and last name into the tool, and you can find out if there is a public prenup associated with them. In fact, you only need information for one of the spouses to begin your search.
2. Search Engines
Search engines are some of the simplest tools that you can leverage. Google, Bing, and many other options are available depending on your preferences. Simply enter the spouse’s information into the search engine to begin the process. If there is a prenup, you may be able to find information about it. That said, this tends to work the best for popular and more noteworthy cases, like celebrity divorces.
However, you can try and find results by using advanced search functions that many search engines offer. For example, Google has an Advanced Search tool that helps you add context, remove specific results, and further fine-tune your search.
3. State Offices (County Clerk and Courthouses)
Last but not least, you can always check with state offices. These are offices in counties that house public records, and the county clerk’s office is one of the best places to check. You can visit in person and ask for help, or you can go online and see if there is a database available.
Local courthouses are also a good option because most divorce cases, lawsuits, and other civil actions that make a prenup public record go through local courts. Therefore, if you know the county that someone got divorced in, you may be able to source the records from the courthouse.
Are Prenups Public Record? Our Final Thoughts
So, are prenups public records? At the end of the day, whether or not a prenup is a public record depends on the state and the status of the marriage.
So, if spouses are happily married, there’s a good chance that you won’t be able to find a prenup in public records. On the other hand, if spouses are divorced, there’s a good chance that you can find information about prenups if you know where to look.
For the best results, we always recommend starting with a reliable public record search tool, like UnMask.