Thinking about making your prenup with ChatGPT? We don’t blame you for thinking about it! It makes sense because AI is taking over the world as we know it. However, the question is, are ChatGPT prenups good enough to be enforceable in today’s legal landscape? The answer is probably not, and definitely not in certain states and situations. We get into why you should not use ChatGPT to write your prenuptial agreement (unless you plan on hiring an attorney to review it). Let’s dive in.
Can ChatGPT write a prenuptial agreement?
Yes, it is definitely possible for ChatGPT to write a prenuptial agreement at this point in time. However, the question is—would this agreement be enforceable in court? The answer is, it depends. Prenuptial agreements must comply with state law in order to be enforceable. State law varies dramatically—so what may be enforceable in one state may not be enforced in another. For example, Colorado requires specific language within the agreement to ensure the parties understand what rights they’re waiving. If ChatGPT does not include this language, it may not be an enforceable agreement in Colorado.
Why ChatGPT prenups may not be enforceable
Let’s get into some specific examples of the different ways a ChatGPT prenuptial agreement may not be enforceable and why:
- Improper notarization: Some states, like New York, specifically require prenups to be notarized, and even more specifically, to be notarized in the same way as a deed. ChatGPT may not correctly input the Notary Block or advise the client on how to notarize the document adequately as per state law. Lack of proper notarization when required by state law can get the agreement thrown out.
- Improper witnessing process: Some states require witnesses to the prenuptial agreement. ChatGPT may not include the proper witness signature blocks or advise the person on exactly what to do regarding having witnesses. Lack of proper witnessing where required can also get the agreement thrown out.
- Lack of adequate financial disclosure: Most states require financial disclosure (and, alternatively, a waiver of disclosure in a few states). If financial disclosure is not done adequately, it may be a reason a court throws out the agreement.
- State-specific requirements: Some states have unique requirements, such as in Minnesota, where you are required to sign the agreement at least seven days prior to the wedding. Another example is in New York, where alimony waivers must include specific income calculations and may not be enforceable without such additions. It’s unclear whether ChatGPT is able to do this adequately. And it’s not just Minnesota and New York—there are tons of other state-specific requirements where ChatGPT may run afoul of the rules.
- Timing requirements: ChatGPT may not be aware of the timing requirements of the state, and if it is aware, it may not adequately advise the user of how to ensure compliance with those timing requirements, such as the somewhat confusing 7-day rule in California.
- Attorney representation requirement: While most states and situations do not require a lawyer, there are some situations where it is legally required. For example, in California, if you waive spousal support—legal representation is required. So, you cannot get a ChatGPT prenuptial agreement in California if there is a waiver of spousal support.
- Grossly unfair agreements: Prenuptial agreements must be reasonably fair. They generally do not need to be 50-50, but they cannot be “unconscionable.” What is defined as unconscionable can vary from state to state and be hard to quantify, as it’s often a case-by-case analysis. ChatGPT may not be able to adequately assess what would be considered unconscionable as per state case law.
- Inapplicable language: ChatGPT may write a prenuptial agreement that looks good on the surface but is actually inapplicable to the user’s situation. This can cause confusion and contradictions, and ultimately lead a court to throw it out if it doesn’t make sense.
As you can see, there are still some limitations as to what AI can do—especially when it comes to the legal nuances of a prenuptial agreement. Certain prenup laws may be buried deep within a state’s case law and aren’t easily detected by AI tools, simply because that information isn’t readily accessible or structured in a way the technology can process.
Will a lawyer review my ChatGPT-generated agreement?
While it’s possible to find a prenuptial agreement lawyer to review, edit, and sign off on a ChatGPT-generated agreement, it may be hard to do. Many attorneys prefer to use their own templates—ones that have been vetted through the court system and are more efficient for them to work with, saving you time and money. (Hello, billable hours!). If the ChatGPT-generated agreement is poorly drafted or potentially unenforceable, some lawyers may be reluctant to work from it due to liability concerns. That said, if your draft is reasonably well-structured, you may be able to find a lawyer willing to help.
HelloPrenup as a ChatGPT alternative
If you want the prenup without the price tag, you can always check out HelloPrenup’s platform, where a same-day downloadable prenup is available for $599 and walks you through the steps to getting a state-compliant prenup. HelloPrenup also allows you to create an agreement that is tailored to you and your partner’s specific needs by walking you through a guided questionnaire to allow you to choose what you put into the contract.
The bottom line on whether ChatGPT prenuptial agreements are enforceable
At the end of the day, it’s all about your risk tolerance and willingness to do the legal research. It’s not impossible for a ChatGPT prenup to be upheld by a court, but it still must comply with all of the normal laws of the state regarding prenups. This includes financial disclosure, specific language requirements, timing requirements, notarization, attorney representation requirements, and more. Just because you are creating the prenup yourself doesn’t mean you don’t need to follow the laws. You may be able to find a lawyer who will work off of your ChatGPT prenuptial agreement, but it could be hard to find. And don’t forget to consider HelloPrenup as an alternative to a ChatGPT prenuptial agreement! 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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