How to Get a Prenup – Steps and Guide

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.

What is a prenup and why get one?

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:

• Who keeps the house?
• Who pays off credit card debt?
• What happens to family heirlooms or businesses?

Why couples choose to get a prenup:

• Protect assets you owned before marriage – like a home, car, or savings account
• Keep family money safe – if you might inherit money or property from your parents
• Avoid paying your partner's debts – like student loans or credit cards
• Make divorce simpler and less stressful – you already agreed on who gets what

Getting a prenup doesn't mean you don't trust your partner. It means you're both being smart and planning ahead together.

How to get a prenup – step by step

So, how do you create a prenup? Follow these five steps to make sure your prenup is done right.

Step 1 – Talk openly with your partner

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.

Step 2 – Consult separate attorneys

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.

Step 3 – Disclose all assets and debts

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.

What to share with your lawyer and partner:

• Houses, land, and rental properties
• Bank accounts and savings
• Retirement accounts like 401(k)s
• Cars, boats, and valuable items
• Credit card debts
• Student loans
• Business ownership

Be completely honest. Hiding information can ruin your prenup and cause big problems later.

Step 4 – Negotiate and draft the document

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.

Common things covered in prenups:

• How property gets divided if you divorce
• Whether anyone pays spousal support (alimony)
• Who keeps the family business
• How retirement accounts are handled

This step takes time. Don't rush it. Make sure you understand everything before moving forward.

Step 5 – Review, finalize and sign the prenup

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.

How much does it cost to get a prenup?

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.

What affects the cost?

• Lawyer fees – More experienced lawyers charge more
• How much you own – More assets mean more work
• How much you agree – If you argue about terms, it takes longer
• Where you live – Some states have higher legal fees

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.

Can you make your own prenuptial agreement?

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.

Problems with homemade prenups:

• Missing important legal language
• Unfair to one person
• Not following your state's laws
• No proof both people understood what they signed

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.

Common mistakes to avoid when getting a prenup

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.

FAQs about getting a prenup

Is getting a prenup difficult?

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:

• Talk honestly with your partner
• Gather financial information
• Meet with lawyers
• Review and sign documents

Most couples finish their prenup in a few weeks to a few months. It's easier when both people cooperate and communicate well.

Why do most prenups fail?

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.

Is a prenup always 50/50?

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.

Need help with your prenup or other family law issues?

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.

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Written by Elyse Dillard, Senior Content Creator at LegalShield. Elyse creates educational resources about legal and identity theft protection services. She works to make complex legal concepts more accessible to readers and has contributed to numerous articles on the LegalShield blog.

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