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How much does a prenup cost?
How much does a prenup cost?
$100 – $1,200 DIY prenup cost
$2,000 – $10,000 cost with a lawyer
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Average prenup cost
A prenup costs $100 to $1,200 if you're able to draft the paperwork on your own or $2,000 to $10,000 total with a lawyer. Most states require separate legal representatives for each party, so hiring attorneys for your prenup costs about $1,000 to $5,000 per person.
Prenup type | Average cost |
---|---|
DIY prenup | $100 – $1,200 |
Prenup lawyer | $2,000 – $10,000 |
What is a prenup?
A prenup, or prenuptial agreement, is a contract between both fiancés made before marriage. It outlines how you'll handle important subjects like finances, custody, or splitting up assets in case of infidelity, death, or divorce.
Most people view prenups in a negative light, but the agreement can offer peace of mind. It allows both parties to enter the marriage with a clear expectation of what would happen in the event of a divorce and help avoid a lengthy, expensive court case.
DIY prenup
Drafting a prenup yourself or with an online service costs $100 to $1,200. This is the best option if you and your fiancé don't need negotiating services or can't afford an attorney. However, many states require legal representation for both parties for prenups, so you might not be able to do it yourself.
Prenup lawyer cost
Hiring a lawyer for a prenup costs $2,000 to $10,000 total on average. Most lawyers have a set hourly rate, though some charge a flat fee for basic prenups. A family lawyer costs $200 to $500 per hour. Their rates typically include:
Court filing fees
Time spent negotiating
Drafting, copying, notarizing, and delivering
Consultation fees
Calling in appraisers or tax specialists if you have a lot of assets
Prenup price factors
The following factors may influence the cost to get a prenup:
Location: Attorneys in bigger cities and well-off neighborhoods are more likely to have higher rates than in rural areas.
Assets: If you have existing property, a business, or children, your prenup is bound to be more complicated. This means it could take more time and money to draft.
Experience & reputation: Attorneys with more experience and a reputation for winning cases tend to charge more. Newer lawyers with less experience may charge less, but they don't have as reliable a track record.
Negotiations: If the negotiations take longer than expected, this could increase your lawyer's workload and cost more than if you were to agree on all terms early on.
Conditions: Make sure the conditions in the prenup are clear and precise. If you get a divorce and your prenup is vague, it could result in a drawn-out litigated divorce. A divorces costs $7,000 to $15,000 and takes 6 to 18 months on average.
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Prenup FAQs
Can you get a prenup after marriage?
After marriage, you can get a postnup—a postnuptial agreement. This is essentially the same thing as a prenup, except you sign it after marriage. Not all states allow postnups, so check your state's laws before proceeding.
What should a woman ask for in a prenup?
Regardless of gender, couples should be fair in their expectations in a prenup. For example, if one person has existing children, you can include a clause to divert funds or property directly to them. If one person incurs substantial debt, the other person can protect themself from liability. Other ideas include:
How to handle heirlooms or inheritances
Estate planning details
How to distribute property
What to do if one spouse owns a business
How to handle spousal support
Should I get a prenup?
You should consider getting a prenup if you're getting married, even if you don't have a lot of money or assets yet. Although it's uncomfortable to consider the possibility of divorce or early death, prenups can actually help couples build trust in one another as they communicate about finances.
Prenups can also help determine custody arrangements if either party has children from a previous relationship.
How long does it take to get a prenup?
Drafting and filing a prenup with a lawyer takes about 2 to 3 weeks for a simple agreement. However, most professionals recommend starting the process at least 1 to 6 months before your wedding date.
What to look for in a family lawyer
When looking for a family attorney near you to help with your prenup, search our list of lawyers and then follow these steps:
Compare three or more estimates from different law firms.
Read client reviews on Lawful and Google.
Choose a family attorney with years of experience and a good reputation.
Ask when they passed the bar and whether they can represent you in court.
Choose attorneys who make you feel comfortable and at ease.
Get a contract in writing before they start your casework.
Questions to ask a family attorney
When looking for a lawyer or during a consultation, ask the following questions:
How much experience do you have writing prenups?
How long ago did you pass the bar?
Do you give free consultations to prospective clients?
Do you have time to take on new clients right now?
How long do prenups usually take?
Does this state require legal representation for prenups?
Do you have a flat rate or hourly rate?
Can you give me a contract in writing?