With all of the technology available at our fingertips, people may wonder why they can’t just have ChatGPT write their prenup 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 by future spouses, usually without the help of an attorney.
They are typically only a few pages long (red flag #1), are not specific to the couples’ needs (red flat #2), and are typically not compliant with state law (red flag #3).
So, why do people get them? Well, they are typically easily accessible, free, and convenient. The catch? They’re typically not valid and/or enforceable.
Why free online prenup forms are a bad idea
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 take into question what clauses are acceptable in each state? California, for instance, does not enforce infidelity clauses, but other states might.
- No Expert Guidance: 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 Blindspots: These forms won’t warn you about things like timing rules or witnessing requirements that vary by state. An invalid prenup is useless! For instance, Georgia (and several other states) requires witnesses…does your GA free prenup form alert you of this requirement? Probably not!
- Outdated Information: Laws change! A free form might not reflect the latest updates, leaving your agreement vulnerable.
- Confusing & Contradictory: Poorly written free online prenup forms can create misunderstandings and loopholes a judge may not be able to reconcile and be forced to throw out your entire agreement.
Bottom Line: An unenforceable prenup is worse than none at all. It gives you a false sense of security.
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 spouses’ answers (i.e., personalization of the contract). All versions of the contract output have been created and reviewed by multiple attorneys. Not only that, but we are also state-compliant with all of the up-to-date laws in every state.
- 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, Guidance, and Expertise: Many attorneys across the nation have contributed to and reviewed all of the different versions of the HelloPrenup prenup. There have been not one, not two, but many different lawyers who have reviewed our contract and put their stamp of approval on it.
- State-specific Information: 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.
- Avoidance of Ambiguity: Again, back to the fact that not one attorney but many attorneys have actually reviewed the prenup language and their stamp of approval on it. This also includes checking for ambiguity (in addition to legal accuracy and state compliance).
Disclaimer: While many different lawyers have reviewed the general contract language, that is not to say that there are attorneys reviewing YOUR specific contract for YOUR unique situation. If you want someone to put a stamp of approval on your specific contract (as it applies to your life), you should speak with an attorney.
Conclusion
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 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: 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: [email protected]
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