With all of the technology available at our fingertips, people may wonder why they can’t just have ChatGPT or some other AI tool write their prenuptial agreement or download a free online prenup form that covers everything. Well, generally, when something is free (especially in the legal world), it’s probably not high quality. But why not? Let’s dig into the “why not” and look at the dangers of using free online prenup templates.
What is a free online prenup form?
A free online prenup form is a prenup template that can be downloaded, filled out, and signed, usually without the help of an attorney. They are typically only a few pages long (red flag #1), are not specific to the couple’s needs (red flag #2), they may have contradictory or conflicting clauses (red flag #3), and they may not be compliant with state law (red flag #4). So, why do people get them? Well, they are easily accessible, free, and convenient. The catch? They may not be valid and/or enforceable.
Why free online prenup forms may be dangerous
Now, let’s dig a little deeper– why should you not use a free online prenup form? While they may seem convenient and cost-effective, they come with a ton of risks that make it all not worth your time. They seem tempting, but trust us, they’re not worth the risk. Here’s why:
- One-size-fits-none: Generic templates usually don’t address your unique situation, finances, or goals. This can lead to serious problems later, such as a prenup that doesn’t make sense for you or gets thrown out completely. For example, a free prenup form may include a waiver of alimony by default, but maybe this is not what makes sense for you!
- Legally questionable: Free forms often lack legal accuracy and may not follow your state’s specific prenup laws. For example, does it call into question what clauses are acceptable in each state? California, for instance, does not enforce infidelity clauses, but Maryland may.
- No expert guidance: With a free prenup form, you miss out on the essential legal advice and resources that ensure your prenup is both fair and enforceable. A free online prenup will not look at your agreement holistically and say whether or not it’s fair and enforceable under the eyes of your state’s law and your unique situation.
- State-specific blind spots: These forms won’t warn you about things like timing rules, notarization, or witnessing requirements that vary by state. For instance, Georgia (and several other states) require witnesses to sign your prenuptial agreement…does your GA free prenup form alert you of this requirement and how to execute on it?
- Outdated information: Laws change! A free form might not reflect the latest updates, leaving your agreement vulnerable. For example, New York law recently changed in January of 2025, and it now requires actual calculations to be included in any alimony waivers. Does your New York free prenup template reflect this change?
- Confusing and contradictory: Poorly written free online prenup forms can create misunderstandings and loopholes that a judge may not be able to reconcile, and be forced to throw out your entire agreement.
The bottom line is that an unenforceable prenup is worse than none at all. It gives you a false sense of security and it can create a ton of headaches in a divorce when dealing with contesting an invalid agreement.
The benefits of using HelloPrenup
No, HelloPrenup is not a free prenup form/template. We utilize an in-depth, dual-party questionnaire that allows for thousands of different contract outputs based on both fiancés’ answers (i.e., personalization of the contract). All versions of the contract output have been created and reviewed by hundreds of attorneys. Not only that, but we are also state-compliant with all of the up-to-date laws in every state, for example, things like timing restrictions, notarization requirements, or witness requirements.
- Personalization: HelloPrenup can help you create a personalized agreement that meets your specific needs and goals. Based on the answers you provide in our detailed questionnaire, our software will generate a prenup that makes sense for your specific situation.
- An abundance of legal knowledge: Attorneys across the nation have contributed to and reviewed all of the different versions of the HelloPrenup prenup.
- State-specific content: HelloPrenup consults with attorneys in different states and invests significant time into legal research to ensure all requisite state-specific laws are incorporated into the document.
- Access to legal services: Through the HelloPrenup platform, you are able to purchase flat-rate attorney services, such as a $49 Q&A with a licensed attorney in your state. This allows you peace of mind knowing you can reach out to a real lawyer should you need one. There is also an option to add on full representation for $699 where a licensed attorney can review and sign off on your HelloPrenup prenup.
HelloPrenup offers personalization, access to legal information, a state compliant platform, and access to legal services, which is much more than is available to you through a free legal prenup form.
The bottom line on the dangers of free online prenup templates
In conclusion, while free online prenup forms may seem like a cheap and easy solution, they come with potential dangers, like ambiguity, lack of state compliance, and lack of legal guidance. The result? A potentially invalid and unenforceable prenup. And you know what you can do with an invalid or unenforceable prenup? Absolutely nothing. Maybe shred it up to make some fake snow? Kidding! Spending a little money to get a state-compliant prenup ($599 with HelloPrenup) is well worth the cost. Co-create your future and protect your ass(ets) with a prenup today!
Frequently Asked Questions (FAQs) about free online prenup forms
Still have questions on free online prenup forms? Look no further:
Q: Can I draft my own prenup?
A: Yes, technically, you can, but you still must comply with all the state laws. This can be very difficult for a layperson who doesn’t understand the law. For example, financial disclosure is required in virtually all states. This is a very specific legal process that is required for a valid and enforceable agreement, and if done improperly, it can lead to an invalid agreement.
Q: Can you do a free prenup?
A: Yes, there are websites that offer free prenups, or you could technically write your own, but this is dangerous as it likely won’t comply with all of the state requirements. As we mentioned above, one example is that prenups require financial disclosure, which is mandatory for a valid and enforceable prenup. If done incorrectly, the prenup could be thrown out.
Q: How do I write a simple prenuptial agreement?
A: A simple prenup is one that follows all the correct state laws and has basic terms on property division.
Q: Are free online prenup forms enforceable?
A: We can’t say for certain, as enforceability depends on many different things (the situation, the contract, the state laws, and the judge presiding over the case).
Q: Is HelloPrenup an online prenup form?
A: No, it is not a “template,” it is a dynamic contract that is tailored to each individual couple’s needs.
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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