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What is HelloPrenup?
HelloPrenup is the first online platform that allows couples to create a valid prenuptial agreement in hours instead of months, and for a fraction of the cost of traditional methods.
HelloPrenup is the future of prenups for young couples!
Why should I use HelloPrenup?
HelloPrenup was created to help all engaged couples get on the same page about their financial futures and responsibilities!
HelloPrenup’s proprietary platform was designed by top family law lawyers to make creating a prenup affordable, fast, comprehensive, and collaborative.
Let’s dig into these pillars…
Affordable: At $599, HelloPrenup costs a fraction of what it would cost to get your document negotiated and drafted by divorce attorneys in your state. In addition, HelloPrenup offers access to discounted rates with top family law attorneys around the country. No high retainer fees or hidden costs here, just quality services at affordable rates.
Fast: By following our streamlined process, many couples are able to download their negotiated prenuptial agreement in hours and access a family law attorney if they need to.
Comprehensive: We vet the case law, with top family law attorneys, and integrate state requirements before we support prenuptial agreement generation in individual states within the United States. Check out our States pages for specific information on state requirements. We also provide a long list of customized clauses you can include at no extra cost.
Collaborative: Our proprietary software allows you and your fiance to negotiate the terms of your agreement in an easy-to-use interface. We believe it is crucial that both partners are involved in the prenuptial agreement generation process, with easy access to legal services if needed.
Read more about how HelloPrenup compares to other methods.
I just got engaged. Is it too soon to create a prenuptial agreement?
It’s never too soon after an engagement to create a prenuptial agreement. In fact, sometimes the sooner a prenup is discussed, the better. Some couples become stressed when begining the process of drafting a prenuptial agreement. This is why we developed HelloPrenup to make the process simple, affordable and collaborative. Nevertheless, we know that the concept of creating a prenuptial agreement can still seem intimidating — no matter how straightforward the process may be. Just like your teachers always told you, it’s best to avoid procrastination! After all, don’t you want to get to the fun stuff ASAP?
Have legal questions? HelloPrenup has partnered with top family law attorneys who are approachable, knowledgable and passionate about answering your burning legal questions – without expensive retainer fees.
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From the basics to the lifestyle clauses, we’ve got you covered.
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What is a prenuptial agreement?
A prenuptial agreement is a legal agreement between two fiancées who are engaged to be married. This agreement outlines certain property rights and financial arrangements that the parties agree to as a condition of getting married. The agreement allows the parties to avoid default state laws about property division in case of divorce or death that may not work for their marriage goals.
Read more about all things prenups!
What can a prenuptial agreement do?
A prenuptial agreement can protect the property interests of each individual in a marriage. Prenuptial agreements can also protect a spouse from assuming credit card, school, personal or mortgage debts of the other partner in the event of a divorce. For marriages in which either spouse has children from a previous relationship, prenups can even determine which property is protected for purposes of estate planning. Prenups can address spousal support and alimony concerns, and clarify the financial rights and responsibilities during a marriage, and they may help avoid long, emotionally exhausting and expensive disputes in the case of divorce.
Why would I need a prenuptial agreement?
Prenuptial agreements can help protect your assets and clarify financial responsibility during your marriage and in the case of divorce or death. In fact, according to a 2023 HelloPrenup study, over 77% of participants who had a prenup are still maried. With a prenuptial agreement, you can designate that certain property will be considered your own separate property and should not be subject to any claims by your future spouse. Prenups can protect family inheritance and your children’s interests in your separate property and assets.
A prenuptial agreement can also provide clarity and a plan for how to manage assets during marriage and about how to distribute property if spouses divorce in the future. This way, there is as little contention or dissipation of financial assets and property as possible. As divorce rates in the United States continue to hover between 40 – 50%, prenups are becoming increasingly common for couples regardless of financial standing.
HelloPrenup is the number one source for prenutpial agreement information. Engaged couples are using premarital agreements as a way to decide, in conjunction with their partner, how assets should be managed during marriage, and in the case of divorce or death. Read our customer case studies for real life examples of couples using HelloPrenup.
If you do not have a prenuptial agreement and you get divorced, state law will determine how your property will be divided. There are a two different ways (generally speaking) that states divide property: Community Property states vs. Equitable Division states. In Community Property states, like California, the property you earned or acquired during the marriage is usually subject to a 50/50 split. Only nine states are considered Community Property states. In the remainder of states, that operate under “Equitable Division,” like New York, marital property may be subject to a “fair” distribution of the property between the parties, but not necessarily an equal split. How “separate property” and “marital property” are determined is often dependent on each individual situation, including length of marriage, and is often not as cut and dry as you may imagine. In fact, each state has different statutes and case law that affect how the Court will divide those assets- and that division may not feel fair to you. Conclusion: The courts have tremendous discretion when determining the division of property, and each state’s laws are different.
What is a sunset clause?
A sunset clause is a provision in a contract that gives the prenuptial agreement an expiration date. A sunset clause will list the specific date that the agreement will cease to have an effect, and is typically drafted as an anniversary date like, “on the 25th anniversary.” The beauty of a sunset clause is that it allows all of the benefits of a prenup but can also allow a couple to choose a date at which they believe the prenup is no longer necessary.
Read more about the variety of prenup clauses we offer at no extra charge!
What cannot be included in a prenuptial agreement?
- Provisions that encourage divorce: States have public policies that favor marriage and discourage divorce. Prenuptial agreements cannot encourage divorce in ways like giving a spouse an incentive to get divorced.
- Anything related to child support: In the vast majority of states, a prenuptial agreement cannot waive child support or dictate how much support should be paid. The laws of your state will determine child support and/or the court can properly calculate the amount of child support that should be paid.
- Anything related to child custody: Prenuptial agreements may not contract away the rights of a child and dictate which parent will have primary custody if a divorce were to occur in the future. The prenuptial agreement cannot place any restrictions on child custody or visitation.
- Provisions that include illegal terms –Like all valid contracts, a prenuptial agreement cannot include any illegal terms or requirements. In other words, a spouse cannot be required to commit an illegal act in a prenuptial agreement.
What can be included in a prenup?
- Classification of property: A prenuptial agreement can classify which property is “separate property” and what will be considered “marital property.” This classification allows a couple to avoid the state’s default laws that would otherwise apply in the event of divorce. For example, you or your partner may classify a condo or home you owned prior to marriage as “separate property,” meaning that should you divorce in the future, that properly would remain solely yours.
- Debts: A prenuptial agreement may specify that each spouse is only responsible for his or her own debts.
- Provisions for children from a previous relationship: A prenuptial agreement may be able to protect the property interests of children from previous relationships in case the spouse passes away. The spouse may wish to leave separate property to their children from prior relationships. This may be especially important if there’s a desire to preserve a family heirloom that is cherished by the lineal descendants.
- Maintenance of separate finances: A prenuptial agreement may specify that the spouses will keep certain finances separate during the marriage and may specify which funds are marital. This can allow spouses to keep control of their own bank accounts and avoid commingling funds that could otherwise result in changing separate funds to marital funds.
Why should I consider prenup for a second marriage?
A prenuptial agreement can help you and your future spouse decide how you will support yourselves financially throughout your marriage, whether your assets will be considered separate property or marital property during the marriage, and what will happen if your marriage ever ends in divorce. A second marriage does face a greater risk factor for divorce than first marriages, with 67% resulting in divorce. so it’s important to take the necessary steps to plan for every scenario possible. If you’re remarrying, chances are that you have acquired more assets since your first marriage, making a prenup all the more relevant.
For example, a prenup can help you and your future spouse organize how household expenses will be shared. Will they be paid in proportion to your respective incomes? Will they be split equally down the middle? What about if one or both of you has children from another relationship? Will either of you support those children financially when they are in college and/or beyond? These are important conversations to have no matter what, and a prenuptial agreement can help facilitate these discussions and set the precedent for a marriage with plenty of open discussions.
What about if you or your future spouse is closing in on retirement? Well, you must consider estate planning. Do you want to leave their money to your children or provide financially for a new spouse? Both? To remedy any concerns of estate plans post-marriage, a prenup can specify that an estate plan must be put into place after the couple marries, or can specify what terms will occur upon death of one of the parties. A provision like this will allow both parties’ families to feel at ease.
I heard from people who got divorced that prenups can be easily thrown out. Is that true?
Although there is no guarantee that a prenup will be enforced in the future if disputed in divorce litigation, it is becoming less and less common that they get “thrown out” if both parties entered the agreement willingly and with full disclosure of assets. In order for a prenup to be “thrown out” by a judge, divorcing parties would need to be engaged in pending divorce litigation. A prenuptial agreement is effective in avoiding divorce litigation, because it acts as a layer of protection in the way of setting expectations prior to entering a marriage.
Can I sign a prenup after we get married?
No, sorry. Your prenuptial agreement must be signed before your marriage! If you are looking for a contractual agreement with your spouse *after* you get married, this is what we call a “postnuptial agreement.” Postnups, similar to prenups years ago, are less widely accepted in all US states than prenups. Therefore, getting a prenuptial agreement when possible provides you with the greatest chance for protection of your assets.
Will a prenup increase my chance of divorce?
While, for some people, the term “prenuptial agreement” has a negative connotation that implies divorce, that’s far from the case. If you and your partner decide to create a prenuptial agreement, that doesn’t mean that you two are more likely to get divorced.
In fact, research points to marriages actually being stronger when there is a prenuptial agreement in place. Since money is one of the biggest topics couples fight about, removing the financial smoke and mirrors simultaneously removes a huge stressor from relationships. Prenuptial agreements are all about transparency, and transparency contributes to strong marriages.
What topics / areas of a prenuptial agreement does HelloPrenup cover?
HelloPrenup covers the following parameters of a prenuptial agreement – determination of separate property and assets, marital property, financial and personal obligations during the marriage and in the event of termination of marriage, as well as current future income and debt, and future inheritance. Our questionnaire also offers optional clauses like a confidentiality clause, sunset clause, non-compete, infidelity clause, and social image clause.
How long before a wedding should you get a prenup?
Ideally, you will start the process of discussing your prenup many months before your wedding. If you are considering a prenup and haven’t discussed it with your fiancé yet, be sure to give yourself 2-3 months to have the initial conversation. This will help you both get comfortable with the idea. Although requirements for validity differ greatly with each state, many states do not consider a prenuptial agreement signed within a week of a wedding to be unenforceable solely because of the time between signing and the wedding. If your prenup was signed the day before your wedding, it could be argued that you or your spouse didn’t have much time to fully review the agreement, and did not have time to hire an attorney. California, for example, requires at least 7 days in between the presentation of the agreement and when it is signed, to ensure parties had enough time to obtain legal advic
What can’t a prenup do?
A prenuptial agreement is a private contract between a couple who plans to marry. Despite all of the protections it can offer, a prenup cannot dictate child support or custody of future (or current) children. A court would not uphold such a provision that dealt with child related issues, like financial support for the child, child custody or visitation.
How much money should you have to get a prenup?
You don’t have to be rich to get a prenup! Many attorneys charge between $2,500 and $10,000 to draft a prenup. HelloPrenup offers a valid prenuptial agreement for $599 and access to quality attorney servies at affordable rates.
Why should you never sign a prenup?
Well…let’s start off by saying, you should always consider a prenup. There is a misconception out there that prenups mean the couple getting married are already thinking of divorce. But, this could not be further from the truth! At their root, prenups show true commitment to the marriage and financial transparency in the partnership. Many couples report that the marriage feels more secure than it would have been without the prenup.
That said, like any other legal contract it is very important that you understand and agree to the terms and provisions in your prenuptial agreement. HelloPrenup provides many educational resources on common prenup terms. If you have any further questions, we recommend you consult an attorney in your state.
Can you sign a prenup after you get married?
Nope! Your prenuptial agreement must be signed prior to marriage. Some couples who did not have the opportunity to get a prenup prior to marriage may choose to later get a “postnup.” A postnuptial agreement allows married couples to contract to their financial rights and obligations. However, postnups are not as readily accepted in most states or upheld by courts with the same frequency of prenups.
What voids a prenup?
The three most common grounds for voiding a prenuptial agreement are:
- Unconscionability of the terms
- Failure to disclose finances, or
- Duress and coercion.
Disclosure of finances is absolutely necessary, and although some states allow for a party to sign a waiver of financial information, this can be a slippery slope.
Can I write my own prenup?
Here are some steps on how to get a prenup through HelloPrenup:
Step 1: Visit this page to learn how HelloPrenup works.
Step 2: Sign up for HelloPrenup and invite your fiancé.
Step 3: Print your prenup! HelloPrenup charges $599 per couple.
Step 4: Decide whether you will hire an attorney for legal advice before signing.
Step 5: VOILA! GET MARRIED!
We’re the most affordable option for priceless peace of mind.
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How much does HelloPrenup cost?
HelloPrenup costs a flat, one-time fee of $599 per couple.
HelloPrenup is a fraction of the cost of traditional methods. Plus, we accept a variety of convenient payment options.
Read more about how we compare.
How much is a simple prenup?
The cost of a standard prenup, drafted by an attorney, is typically $2,500 per fiancé, according to US News & World Report. A prenup with HelloPrenup costs only $599 per couple.
About the Process
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How long does it take to get a prenup?
If you plan to hire an attorney to negotiate and draft your prenup, you can expect the process of drafting, negotiating, and signing to take 3-6 months. If you create a prenup with HelloPrenup, your prenup can be created as quickly as you want, in as little as a few hours!
Do I need to disclose all of my assets and finances? Why?
You should include *all* of your financial information in your financial schedule. HelloPrenup offers categories to help you organize this information.
Some states require “full disclosure” of finances, and others require “full and fair financial disclosure” of finances. Other states allow parties to waive their rights to disclosure of assets. Now, this gets dicey, because if you choose not to disclose all assets, there could be a very clear argument that the prenup should not be upheld since the waiver was not done correctly, or the other party did not have reason to know of the assets, etc. The list goes on.
The bottom line? If you want the greatest chance of enforcement, it is important that you disclose ALL of your assets and finances.
So, where do you put this information?
Each fiancé will have a “Schedule A” or “Schedule B” financial schedule, that will include this information.
The long and short of it is that full financial disclosure is imperative for a variety of reasons, and if you fail to disclose all of your assets, your prenup may be found invalid in the case of a divorce.
Want an example of what may happen should you choose NOT to disclose all of your finances? In one Massachusetts case, the appeals court invalidated a prenuptial agreement after finding a lack of full disclosure by one of the spouses (Schechter v. Schechter, 88 Mass. App. Ct. 239 (2015). In this case, the husband did not disclose his financial assets. He also falsely claimed that his primary asset, his real estate company, was a partnership when it was not.
Is a prenuptial agreement made online enforceable?
Nothing in law is iron clad, whether you use an attorney to draft the document or not. However, a prenuptial agreement that you make online is likely to be enforceable if you follow the right steps.
HelloPrenup was developed by a divorce attorney. As stated before, nothing is bulletproof- even if you hire an attorney. Your goal should be to increase your chances of enforcement to the fullest extent possible. Want an attorney, too? Many couples use HelloPrenup as a way to create a comprehensive draft of their prenuptial agreement, before bringing it to an attorney for advice, review, or revision. And, because you will have a full draft, using HelloPrenup should keep your total cost down!
If you have any questions regarding the enforceability of your prenup or if you want counsel to review and advise, feel free to take your prenuptial agreement to an attorney near you.
Not interested in attorney representation? No problem. Our prenuptial agreements provide the option to add a Waiver of Attorney Representation to help ensure enforceability.
Am I able to change my prenuptial agreement?
Should you and your fiancé want to change the terms of your prenuptial agreement, you are more than welcome to create a new document. Feelings, circumstances, and logistics change, and you are free to establish a new prenuptial agreement until you officially tie the knot.
If, after you walk down the aisle, you’d like to make changes to the terms set in your prenuptial agreement, you’d need to create a postnuptial agreement with an attorney.
Can the HelloPrenup document be edited after download?
Yes! Your prenuptial agreement will download as a word document that can be edited. Should you choose to hire an attorney after downloading your HelloPrenup agreement, it can easily be edited by your attorney to address your concerns and to fit your specific needs.
We may not be a law firm, but we know the law. HelloPrenup was built by attorneys for couples just like you. Legal questions? We offer access to a network of attorneys in most states.
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What are the requirements for a valid prenuptial agreement?
As is the case for most legislation, requirements for prenuptial agreements are based on an individual state’s law. Your prenuptial agreement must comply with the laws of your state. Some common trends among many states regarding prenuptial agreements include:
- Disclosures – The parties may have to provide complete and accurate disclosures about their respective income, assets, and debts.
- Written – Generally, a prenuptial agreement should be in writing and signed by both parties. It should be straightforward and easy to understand.
- Fairness – Courts may not enforce an agreement that is obviously one-sided and unfair. Courts may also consider whether the circumstances surrounding the prenuptial agreement were unfair, such as asking a bride/groom to sign it immediately before the wedding — ‘or else.’ Additionally, courts may examine the substantive information included in the prenuptial agreement for fairness.
- Legal representation – In most states, you are not required to hire an attorney. However, if you would like to, HelloPrenup has partnered with top prenup lawyers who can offer quality legal advice and services with exclusive discounted rates. If choose to hire an attorney, you and your fiancé cannot share the same lawyer. Even if you choose not to hire counsel, and depending on which state you are located in and the clauses you have chosen to include, the court may still enforce the prenuptial agreement if you and your spouse had the opportunity to consult with a lawyer and simply chose not to. In this case, HelloPrenup allows you to add a Waiver of Attorney section in your agreement to confirm this decision.
- Free from Fraud and Duress – If a prenuptial agreement is the result of fraud or coercion/duress, it may be invalid.
How do you ensure compliance with different state regulations?
HelloPrenup ensures compliance with state requirements based on individual state statutes. We have listed these statutes on each state page, so that you can read the fine print if you would like to!
Am I required to hire a lawyer?
In many states, you are not required to hire an attorney. However, in some states, attorney advice or representation is required for enforcement of certain clauses. Example: In California, if you choose to waive spousal support, you must be represented by an attorney at the time of signing the prenuptial agreement. In many other cases, courts will look at whether or not you or your future spouse had the opportunity to obtain legal advice, and whether one or both of you were represented by an attorney or waived that legal advice and/or representation. Was there enough time to find an attorney before the wedding and you chose not to? Did you just sign the agreement without even reading it the night before the wedding without an opportunity to consult a lawyer? The answers to questions like these may be taken into consideration.
HelloPrenup has partnered with top family law attorneys around the country to provide you with high quality legal services, at exclusive discounted rates. Ready to book? Just sign in to your HelloPrenup account for access.
It is worth having a family law attorney review your prenuptial agreement in case you have questions or require legal advice. If your assets are complex (i.e. significant family inheritance, business(es), etc.), it may be an especially good idea to have a family law lawyer review your agreement and provide advice on how to best protect your assets with a prenup. HelloPrenup allows you the option to easily bring your prenup draft to an attorney within our network, and we have partnered with top prenup lawyers around the country who can make changes to your draft if necessary.
What if my fiance is not a U.S citizen? Will this affect our prenuptial agreement?
Citizenship does not affect the prenuptial agreement process & you can use HelloPrenup’s service! If you have any immigration questions, we recommend you contact an immigration attorney. HelloPrenup has partnered with immigration attorneys and family law attorneys who can help answer your legal questions. In addition, it is important to note that HelloPrenup allows for creation of prenups in certain US states – we cannot guarantee the validity of a HelloPrenup agreement in any other country.