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How Much Does a Prenup Cost? Can You Get One Online?

July 21, 2022

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5 min read

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Key Takeaways

A lawyer may charge several thousand dollars, and in more complex cases, costs can be higher. While there are online options that cost as little as a few hundred dollars or free templates, there are risks with the DIY approach.

Since the 1980s, the divorce rate has steadily dropped. Divorce is still a reality for many, however, as 41 percent of first-time marriages end in divorce. A prenup–or prenuptial agreement—offers a way to protect couples and set expectations for your marriage.

If you are on a budget, you can use online platforms to create a prenup. The downside is that without a lawyer reviewing it, it may not meet all the legal requirements. Hiring a lawyer is safer, but your costs will increase. The good news is that there is another option. With your LegalShield® membership, you have access to a provider law firm for guidance on preparing a prenup.

How much does it cost to get a prenuptial agreement?

Like with most legal work, the cost of a prenuptial agreement can vary. In general, you can get a prenup for between $500 to $10,000, depending on where the document comes from and who created it.

Prenup service type	Potential costs	Use cases
DIY online prenups	$0 to $600	May be considered for simpler asset situations, but it's still important to ensure the agreement meets legal requirements.
Flat-fee lawyer reviews	$500 to $1,000	Good for the budget-conscious who want the peace of mind that comes with a lawyer reviewing their completed agreement.
Lawyer preparation and negotiation	$1,000 and up	A strong option for couples who have a lot of their own assets.

These price ranges are only estimates, and there are other factors that can impact what you might pay. For example, prenuptial agreements become more complicated as the financial disparity between partners grows. In most cases, the price will generally go up as a lawyer is required to spend more time drafting the agreement.

What contributes to prenup costs

There are a host of factors that can impact the cost of a prenuptial agreement. This includes the complexity of the agreement, and the general rule that both sides need their own lawyer.

Separate lawyers for each spouse

Courts prefer prenups where each of you has your own lawyer. The belief is that it can reduce later claims of coercion or unfairness. The downside is needing to pay both lawyers.

Asset amounts and complexity

The more assets involved, the more time a lawyer needs to draft an appropriate agreement. Complex asset holdings usually need prenups written with greater detail. The additional time needed for drafting only increases the lawyer's fees.

For example, a prenup for a couple with modest savings will generally cost less than one for a couple with a large real estate portfolio.

Debts and liabilities

Prenups do not only address assets; they also allocate responsibility for debts as well. It is important to include student loans, business liabilities, tax obligations, and anticipated financial risks to determine who is responsible for what debt if the marriage dissolves.

If you or your fiancé has significant liabilities, the document can include terms stating that those debts are not the responsibility of the other spouse.

Disagreement or negotiation

If both you and your fiancé agree on terms, this process may proceed smoothly. When spouses disagree about key issues, it can take rounds of negotiations to get the final draft.

Back-and-forth negotiations take up a lawyer's time and increase their price tag. The final cost goes up when things get contentious.

Valuations and appraisals

In some cases, drafting a prenup requires a formal valuation of assets. Hiring appraisers or financial experts adds another layer of expense beyond lawyer fees. A lawyer may request documents to confirm an asset's value even without an appraisal.

Tips to budget for a prenup

Despite their costs, having a prenup in place can save lots of money in the long run. Some of the best ways to budget for a prenup include the following:

● Get accurate asset appraisals: Obtain updated valuations for real estate, businesses, and significant investments so your lawyer does not have to spend extra time tracking down estimates.

● Talk about prenups early: It’s not exactly a romantic discussion to have with your fiancé, but talking about your finances early can help you avoid disagreements. Also, waiting until the last minute before your wedding to start a prenup can be an issue when it comes to the enforceability of a prenup.

● Organize financial documents: Gather bank statements, tax returns, debt records, and investment summaries in advance to streamline disclosure requirements.

● Discuss expectations openly: Have preliminary conversations with your partner about goals and priorities before involving lawyers to reduce extended negotiations.

● Ask about flat fees: Inquire whether your lawyer offers a flat rate for drafting or reviewing a prenup, which can provide more predictability than hourly billing.

What are the benefits of having a prenuptial agreement?

Think of a prenup as a tool that can help provide financial clarity and protection should your marriage end. It protects prospective spouses’ assets, children, and families by predetermining what happens with:

Premarital assets and debts: A prenup can list each person’s assets and debts before getting married. This gives both of you a clear picture of where you stand.
Marital assets and debts: Assets and debts gained during the marriage are generally shared by both spouses. However, a prenup can ensure that property belongs to one spouse.
Post marital assets and debts: A prenup also dictates how assets and debts will be divided in the event of divorce, which lets soon-to-be spouses enter a marriage on the same page.
Children: If one of you has children from a previous relationship, a prenup can dictate how those children will be financially supported.
Family: If one of you has a family business, property, or other assets, these can remain in the family if spelled out in the prenup.
Responsibilities: A prenup gives you the chance to set expectations for a range of marital responsibilities, from how tax returns will be filed to who will be responsible for certain household expenses.

Didn’t do a prenup before your wedding? See our blog about postnuptial agreements.

Why you should consider getting a prenuptial agreement

How much a prenup costs can vary based on the factors mentioned above, but it is also important to consider the cost of going without one. The reality is that a contentious divorce can easily cost you more in the long run than a prenup.

Thankfully, there are options available to fit different budgets. With LegalShield advanced plans, a provider lawyer can offer legal advice and help you prepare prenuptial and postnuptial agreements.

You can also receive guidance on other Family Law needs, without the high upfront legal costs. Learn more about LegalShield today!

Frequently asked questions

Is it worth getting a prenup?

Yes, there are plenty of reasons for getting a prenup. While there is a common misconception that these agreements are only for the wealthy, they can provide clarity to couples in any financial situation. Additionally, the cost of a prenuptial agreement pales in comparison to what a divorce can cost you without one.

Do you need a lawyer for a prenup?

There is no requirement that you rely on a lawyer for a prenuptial agreement, but having the support of a legal professional can help you avoid an error that might make the agreement unenforceable.

How much does a prenup cost in the US?

The average cost ranges from $500 to over $1,000, with costs increasing due to complexity and other factors. The more information in the agreement, the more it is likely to cost.

Can you write your own prenup?

Yes, however, working with a legal professional can help reduce the risk of errors. A prenup is a complex, legally binding contract that an experienced lawyer should help prepare. Advanced and Premium LegalShield plans provide legal advice and help in preparing a prenuptial agreement after a waiting period.

How much does a divorce cost?

This can vary widely, depending on the circumstances, but even simple divorce proceedings can cost thousands of dollars. One of the benefits of having a marriage prenup in place is knowing what the division of property will look like ahead of time.

Should I sign a prenuptial agreement?

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