The short answer is YES; online prenups can be legit with the right website. But don’t just take our word for it – check out this review from a licensed attorney who endorses HelloPrenup’s online prenup. In fact, most states don’t require couples to hire lawyers for prenups, but it’s still necessary to follow your state’s laws, like notarization and financial disclosure.
Now, there are two main types of online prenups: templated platforms and HelloPrenup’s unique, state-specific platform that involves both partners. Let’s dive into the details of online prenups, how to create one with or without a lawyer, and why you might want to avoid those templated platforms.
What is a prenup?
A prenuptial agreement (i.e., a prenup) is a contract between two people about to get married. Prenups are effective upon marriage (no marriage, no prenup). A prenup covers topics such as property division, debt allocation, and spousal support in the event of a divorce and, sometimes, death.
What does a typical prenup look like?
A good online prenup will be many, many pages long. If you see an online prenup that’s only a few pages…run! Run far away. Most legitimate prenups will be 20+ pages long. It’s very common to see prenups even up to 50+ pages long.
A typical prenup will have several sections, including but not limited to:
- A preamble section stating the general understandings between the parties
- A section about property division
- A section about spousal support/alimony
- A section about miscellaneous clauses (i.e., tax filing, infidelity, pets, etc.)
- A section about general clauses (i.e., severability, choice of law, etc.)
- A section for waivers (i.e., waiver of advice of counsel, waiver of further disclosures, etc.)
- A section for financial disclosure
- A section for signatures, witnesses, and notarization (if applicable)
No two prenups should be identical, as everyone has different desires, personal information, and finances.
What does a basic prenup say?
It depends on the couple’s lifestyle and goals. For example, for two financially independent people in a relationship, a basic prenup would likely state that all assets are kept separate, alimony is mutually waived, and that’s it. On the other hand, in a more traditional gender role relationship (stay-at-home wife + breadwinner husband), a basic prenup might include alimony, keeping certain assets separate, keeping certain assets marital, and that’s it. As you can see, what is “basic” can depend on the roles and goals of the couple, as it should be! Prenups are meant to serve your individual and couple needs.
Why get a prenup?
You hope to never have to use your prenup, but if the worst happens, then people are generally glad they got them. Why? Because prenups speed up the divorce process and save you money along the way. How? By deciding on certain issues in advance, such as property division, alimony, and debt allocation. This saves time spent arguing in a courtroom and sitting in your attorney’s office. In turn, you save money on attorney’s fees.
Prenups are also a tool for in-depth communication because the prenup-making process forces you and your partner to talk about the tough stuff, like death, divorce, debt, income, etc. Getting a prenup can align you and your future spouse on life and financial goals and your expectations for each other.
And, of course, prenups can protect your “stuff.” That could be a house, a car, a diamond ring, an NFT, crypto, retirement funds, businesses, inheritances, and more. You can use a prenup to outline what’s yours and what’s ours.
What is an online prenup?
Okay, so you know what a prenup is, but what on earth is an online prenup? Traditionally, prenups are drafted by attorneys, printed out by the attorney (or emailed), and handed over to their client in their office. This is still the case for many folks. However, as with most things in the 21st century, technology got to the prenup world and started changing things a bit.
An online prenup is essentially a way to draft your own prenup online, a way to DIY without the hassle of attorneys’ offices and fees. Most websites out there are simply prenup templates that are literally copy-and-paste contracts with no customization to the couples’ needs. You just plop in your names, addresses, and signatures, and bam, you’ve got your prenup. The language remains the same for anyone who downloads it. This isn’t the best way to go about getting a prenup because you may have completely different needs than Joe Shmoe down the road, yet you’re getting the same templated prenup as them. Enter: HelloPrenup. Dun, dun, dun.
HelloPrenup is changing the game of online prenups with our dual participation and state-specific platform. Instead of a copy-and-paste contract that you only plop in your names and addresses, you interact with an in-depth questionnaire that helps customize the contract to your goals. For everything from property division to pets, HelloPrenup can help you create a contract you feel comfortable with that puts you in control and tailors it exactly to your needs.
Benefits of online prenups
With interactive prenup-making platforms (hint: HelloPrenup), where your contract is customized to your needs and is state compliant, there can be many benefits. These include saving you time spent in an attorney’s office, saving you money on attorney’s fees, allowing you to take the driver’s seat in the prenup process, and keeping you far away from any uncomfortable convos with a stiff attorney.
Save time
With HelloPrenup, you can get a prenup in just an hour and a half. Going the traditional route of in-person attorney’s offices, it could take weeks to get a prenup in hand.
Save money
Generally, online prenups are going to be much, much cheaper than paying an attorney. HelloPrenup costs just $599 per couple. Using an attorney can cost up to $10,000 or even more if you have an especially complex case.
You take control
With online prenup platforms like HelloPrenup that allow you to pick and choose the clauses and what the clauses say, you have a ton of control over what goes into your prenup.
No awkward conversations
Doing a prenup online means skipping the awkward conversations you will have with an attorney. They will ask you extremely personal and financial questions that may be uncomfortable (but necessary) to discuss.
The bottom line on online prenups
They’re affordable, convenient, and…dare we say… romantic? Yes, yes, respecting your partner in any scenario and ensuring they are financially protected isn’t the ideal vision of romance, but it is one version. Anyway, online prenups can be legit as long as you follow all of the laws of your state. The benefits range from skipping the hefty legal fees to no more awkward attorney convos and everything in between. Don’t believe us? Check out a licensed attorney endorsement of online prenups here.
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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