Let’s say you are excited to get married next year. You and your future spouse love each other and can't wait to start life together. But perhaps you own a small business, and your fiancé has just received a large inheritance. You both want to protect what's rightfully yours in case of marital strife down the road. You ask yourselves, "How do I get a prenup?"
Here's the good news. Prenups aren't just for rich people or celebrities. Any couple can use a prenup to protect their money, property, and future. A prenup helps you plan ahead and avoid big problems if things don't work out. It isn’t a plan for failure, but rather it is a boundary that you and your partner get to set in place together.
In this guide, we’ll help you understand what a prenup is, how to get a prenup step by step, what it could cost, and how to make sure yours is legal and fair.
A prenuptial agreement (or prenup) is a legal contract that two people sign before they get married. It explains what will happen to their money, property, and debts if they ever divorce.
Think of it like a financial plan for your marriage. It answers important questions like:
Getting a prenup doesn't mean you don't trust your partner. It means you're both being smart and planning ahead together.
So, how do you create a prenup? Follow these five steps to make sure your prenup is done right.
Before you hire lawyers or sign anything, sit down and talk with your partner. Be honest about your money, your worries, and what you want to protect.
A prenup works best when both people agree it's a good idea. This isn't about mistrust. It's about planning your future together as a team.
Each person needs their own lawyer when getting a prenup. This keeps things fair. Your lawyer looks out for you. Your partner's lawyer looks out for them.
Courts often won't accept a prenup if both people used the same lawyer. Separate attorneys make your prenup stronger and more likely to hold up in court.
You must tell the truth about everything you own and everything you owe. This is called "full financial disclosure." If you hide money or debts, a judge can throw out your entire prenup later.
Be completely honest. Hiding information can ruin your prenup and cause big problems later.
Now your lawyers work together to write the prenup. They put all your agreements on paper in legal language. You and your partner will talk about what's fair and what you both want.
This step takes time. Don't rush it. Make sure you understand everything before moving forward.
Once the prenup is written, read it carefully. Ask your lawyer questions if anything is confusing. Make changes if needed.
Important timing tip: Don't wait until the last minute! Sign your prenup at least a few months before your wedding. If you sign it the day before your wedding, a court might say you were pressured and throw it out.
After you both sign, get it notarized. This makes it official and legally binding. Your lawyers will file it properly so it's ready if you ever need it.
When figuring out how to do a prenup, cost matters. Most prenups cost between $500 and $5,000. Sometimes they cost more if things get complicated.
You might find cheap prenup templates online. These can seem like the cheapest way to get a prenup. But be careful! DIY prenups often don't hold up in court. They might have mistakes or miss important legal requirements. Spending money on good lawyers now can save you thousands later.
Technically, yes. But should you? Probably not.
Here's why DIY prenups are risky. Courts look closely at prenups. If yours has mistakes, unfair terms, or wasn't done correctly, a judge can reject it. Then it's like you never had a prenup at all.
Even though hiring lawyers costs money, it's worth it. A lawyer makes sure your prenup follows the law and protects both of you. When getting a prenup, professional help is the smart choice. Consider signing up for a service like LegalShield to get access to the legal help you need at a price you can afford.
Learning how to get a prenup also means knowing what NOT to do. Avoid these common mistakes:
Waiting too long: Don't try to create a prenup a week before your wedding. Start the process months ahead of time. Rushing leads to mistakes and courts might reject last-minute prenups.
Hiding money or debts: Always tell the complete truth about your finances. Hiding assets or debts can make your prenup worthless.
Using one lawyer for both people: Each person needs their own attorney. Sharing one lawyer can make the prenup unfair and possibly invalid.
Making it one-sided: A prenup should be fair to both people. If it only protects one person and leaves the other with nothing, a court won't enforce it.
Getting a prenup takes several steps, but it's not too hard. With good lawyers helping you, the process is pretty straightforward. You'll need to:
Most couples finish their prenup in a few weeks to a few months. It's easier when both people cooperate and communicate well.
Prenups fail (get thrown out by courts) for a few main reasons:
Not telling the truth about money: If someone hides assets or debts, the prenup becomes invalid.
Unfair terms: If the prenup heavily favors one person and hurts the other, courts reject it.
No separate lawyers: When both people use the same attorney, the prenup looks unfair.
Signed under pressure: If someone was forced to sign quickly without understanding it, courts may not accept it.
No! That's a common misunderstanding. A prenup can be divided however you both agree. It doesn't have to be 50/50.
You and your partner decide what's fair for your situation. Maybe one person owned a house before marriage and wants to keep it. Maybe one person is bringing debt into the marriage. You can customize your prenup to match your needs.
The key is that both people agree and both people think it's fair.
Creating a prenup doesn't have to be stressful or confusing. LegalShield makes family law affordable and accessible. Whether you need help understanding how to create a prenup, want guidance on signing a prenup, or have other family law questions, LegalShield connects you with experienced attorneys who can help.
Don't go through this alone. Get the legal protection you deserve.
👉 Visit LegalShield's Family Law page today to learn how we can help you protect your future, your family, and your peace of mind. Affordable legal help is just a click away.
Content Specialist at LegalShield, creating educational resources about legal and consumer protection topics. She focuses on making complex legal and financial concepts accessible to readers and has contributed to various educational articles on consumer rights and protections.
This guide walks you through 11 categories of legal issues and how lawyers can help. Many of these issues are covered by a LegalShield® Plan, so talk to a provider law firm about your specific situation.
Depending on the type of document, electronic signatures are legally binding in the United States, Canada, and many other foreign countries. They allow you to sign documents on a smartphone or computer and are usually as acceptable as “wet” signatures made with ink on paper.
Grandparent custody issues are complicated, so it’s important to seek help early on. With the right support, you can learn about the different types of child custody and how to apply for them formally.
Ticket fraud is surging this summer. Learn where to buy safely, what your legal rights are, and how to get help if something goes wrong.
In most states, to get a divorce: At least one spouse has to be a resident of the state where the divorce is filed. One spouse must file a petition for divorce stating the reason for the divorce. A judge will sign a written court order (also referred to as a divorce decree) granting the divorce.
