POV: You’re mid-doom scroll and you stumble across a cool online postnup service company. It seems too good to be true—a postnup at the snap of your fingers? What’s the catch? Well, it depends on the company, your state laws, and your unique situation. Postnuptial agreements (“postnups”) are contracts between two spouses who intend to stay married. Postnups outline financial obligations both during the marriage and in the event of a divorce. Traditionally, you had to get a postnup through an attorney, but nowadays, everything is done online—even postnups! Let’s get into all of the pros and cons of getting an online postnup.
What are online postnup services?
An online postnup service is a way to get a postnuptial agreement online—whether through a template, guided questionnaires, or attorney services (or a combination of both). Depending on which method you choose, the process will look slightly different. Here’s what you can expect:
DIY postnup template
Downloading an online template is the most “DIY” option. However, this can be “dangerous” as some postnuptial agreement templates may not be trustworthy. In addition, many states highly recommend (or flat out require) having attorney representation for your postnuptial agreement.
Guided questionnaires
There are a handful of services nowadays that offer guided questionnaires (like how HelloPrenup’s system works). This type of tool helps you create a more customized agreement that fits your needs rather than just downloading a standard template that might not make sense for you. Again, having legal representation is still important, even with a guided questionnaire.
Hybrid online + attorney services
Similar to how HelloPrenup’s prenup service works, there may be online postnup services that offer a hybrid between a template/guided questionnaire and attorney services so that you can get the best of both worlds. This would allow you to get a postnup online, at your own pace, but also with the help of an attorney to increase the enforceability.
Pros of using online postnup services
Now, let’s get into what the advantages of using an online postnup service can be—from cost-effectiveness to control, there are plenty of things to rave about when it comes to these types of services:
- Cost-effectiveness: Let’s face it, online services these days tend to be cheaper than the in-person, white-glove experience—and postnups are no exception. There is a potential to save thousands of dollars with online postnup services compared to using a traditional attorney.
- Convenience: If you’re computer-savvy, getting your postnup done online is likely going to be easier than going in-person. An online platform typically offers 24/7 availability and the ability to work on the process from anywhere.
- Efficiency: The hope is that online postnup services will be more efficient than going into an office—you can do it from anywhere, quickly, and with a simple process.
- Speed: Given the use of technology to create the postnup, there’s a good chance that online postnup services will provide a faster turnaround time compared to traditional legal processes.
- It’s discreet: Another nice aspect of an online service is privacy. You don’t need to go to an in-person consultation with an attorney and divulge all of your sensitive info verbally. Instead, it can all be done behind a keyboard.
- Flexibility and control: Using an online postnup service will generally give you flexibility and control to work at your own pace and manage the creation of the document. Some service providers may also allow you to negotiate the terms privately, allowing you and your spouse to stay in the driver’s seat.
Cons of using online postnup services
What goes up must come down. Not everything is perfect with online postnup services. Here are some of the downsides you should consider:
- Lack of legal advice: Depending on what type of online postnup service you use, you may not have access to attorney services. For example, using a DIY template likely doesn’t come with the advice of an experienced attorney. This can be risky in terms of postnup enforceability and creating an agreement that actually meets your needs.
- Potential for errors and omissions: Using online services may increase your chances of having errors or accidental omissions in your postnup agreement. For example, filling out a blank template or misunderstanding legal jargon can cost you your postnup.
- Limited scope of services: If you are choosing a postnup service that offers legal advice, you may be restricted in the amount of legal services you’re able to get.
Is an online postnup right for you?
It depends—Everyone is different. Every online postnup service is different. Your first order of business should be deciding if a postnup is right for you at all. Next, you should search for an online postnup service that is “legit” and credible. Here are some things to consider:
- If you are planning on getting a divorce—a postnup is not for you. Postnups are meant for couples who intend to remain married. If you want a divorce, hire a divorce attorney for next steps.
- Do you live in a state where postnups are enforceable? Not all states favor postnuptial agreements.
- How complex are your assets? If you have incredibly complex assets or need help understanding what assets you even have, you may want to hire professionals.
- Does the online postnup service offer attorney review or consultation, and how comprehensive is that review? This is crucial. A simple template might not address your specific situation, and legal advice is invaluable.
Final thoughts on online postnup services
At the end of the day, online postnup services have a ton of benefits—cost-effective, efficient, and private, among other reasons. On the other hand, they may not be enforceable if there is not sufficient legal advice or if the document is of poor quality. Make sure you do your research and understand first if a postnup is right for you, if they’re available in your state, and what postnup companies are out there. The bottom line? The decision of whether or not to use an online postnup service should be made carefully, weighing out the pros and cons according to your situation. Happy planning!
Nicole Sheehey is the Head of Legal Content at HelloPrenup, and an Illinois licensed attorney. She has a wealth of knowledge and experience when it comes to prenuptial agreements. Nicole has Juris Doctor from John Marshall Law School. She has a deep understanding of the legal and financial implications of prenuptial agreements, and enjoys writing and collaborating with other attorneys on the nuances of the law. Nicole is passionate about helping couples locate the information they need when it comes to prenuptial agreements. You can reach Nicole here: Nicole@Helloprenup.com
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