ARE ONLINE PRENUPS SAFE? WHAT COUPLES SHOULD KNOW
Online prenuptial agreement services have become increasingly common in recent years. Couples can now choose from a wide range of options, including downloadable templates and interactive online platforms that promise a fast and inexpensive way to create a prenup.
The appeal of these services is obvious. Compared to working with a lawyer or Prenup Mediators® to draft a prenuptial agreement from the ground up, online providers often advertise low flat fees and a streamlined process that can be completed in a matter of hours or days. Online prenup form providers have big pay-per-click marketing budgets through which they offer enticingly low flat fees and teaser rates for their DIY prenup templates.
Most of these services fall into two categories:
1. Downloadable prenup templates, such as those offered by Rocket Lawyer, Law Depot and LegalTemplates.net, for free or at a very low cost; and
2. Do-it-yourself online prenup services such as HelloPrenup and Trusted Prenup, where both partners use an online platform to answer questions and provide asset information to generate a somewhat customized prenuptial agreement.
At first glance, both options may appear to offer a convenient alternative to hiring a law firm. But because a prenuptial agreement governs important financial rights throughout a marriage and may determine outcomes in the event of divorce, it is worth taking a closer look at how online prenups actually work and what their limitations may be. Let’s examine the many obvious and hidden risks couples must accept when trying to save a few bucks by using a DIY prenup service in today’s marketplace.
The Two Types of Online Prenup Services
1. Downloadable Prenup Templates
Downloadable templates from websites like RocketLawyer.com and LawDepot.com are exactly what they sound like: pre-written agreements that users download and modify on their own.
These generic forms typically include standard provisions and allow couples to fill in basic terms relating to:
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Assets and debts
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Property division
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Governing law
While these templates may reference the state that governs the agreement, they generally do not explain which specific legal rights and marital laws are being modified or replaced, or whether additional provisions should be included.
As a result, couples using these forms are left to figure out:
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What terms may be missing from the form or what other options might be available;
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Whether the agreement complies with state law; and
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Whether the provisions they selected are reasonable, enforceable or even meet their needs and objectives.
In most cases, users simply do not have a reliable way to answer those questions.
2. Questionnaire-Based Online Prenup Platforms
Online do-it-yourself providers like Hello Prenup and Trusted Prenup attempt to offer a more guided experience and customization.
Instead of starting with a blank form, couples create accounts and then answer a series of questions through an online platform. The platform then uses those responses to generate the core terms of their prenuptial agreement, once the couple’s choices have come into alignment.
While this approach can feel more tailored, it is still constrained by the structure of the questionnaire. As a practical matter, it would be impossible for a questionnaire to capture every possible variation of the terms available to a couple entering into a prenuptial agreement.
The choices presented to users are typically limited to:
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"Yes" or "No";
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Selecting from a short list of predefined options (e.g., choices A, B or C); or
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Defaulting to state law.
Given the limitations of using an online questionnaire as a substitute for a 30 or 45 minute conversation with a prenup lawyer or mediator, these do-it-yourself online services are forced to give customers a misleading representation of the abundant choices and customization that should be available to the couple.
A conversation with a lawyer or prenup mediator can provide the couple with a much more robust and representative overview of the wide variety of term choices possible in less time than it takes for the two parties to complete their respective questionnaires and work to try to sync their answers.
Why Standardized Forms Can Fall Short
The Seder v. Errato Case: When an Online Prenup Failed
Importantly, a divorce court may not take a downloaded fillable form seriously, as was demonstrated in the case of Seder v. Errato, 272 A. 3d 252, 211 Conn.App. 167 (March 15, 2022). In the Seder case, the husband “downloaded a generic prenuptial agreement from the Internet and filled it out himself.” Id. At 256.
The divorce court refused to enforce the parties’ prenup, stating that although there was a premarital agreement signed prior to the date of the marriage, there was a lack of evidence as to the terms of the agreement. Id. At 257. In its decision the divorce court judge criticized the couple’s use of an online prenuptial agreement form, stating that:
“For two such people, one a very successful businessman and the other an attorney, to rely on an online form for such an important matter is really quite incredible. It appears to the court that neither party gave this agreement any serious consideration or thought.” Id. At 258.
Limited Questionnaires Can Lead to Unintended Results
When couples rely on generic templates or online questionnaires, they may never see the full range of options available to them. Instead, they are working within a limited framework that may not fully reflect their intent or needs. One of the most common challenges with online prenup services is that users may encounter situations where:
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A question is unclear;
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The legal implications of an answer are not fully understood; and/or
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None of the available options match what the couple actually wants to include.
"Attorney Created" and "Attorney-Backed" Prenup Forms
Online services such as Trusted Prenup advertise their forms as “attorney created”, or in Hello Prenup’s case, as “attorney-backed”, but what assurance does that really provide?
What Those Claims Really Mean
Just because an online prenup provider’s basic template was designed or approved by a lawyer does not mean that:
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Your prenuptial agreement will comply with your specific state’s laws;
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Your agreement will be prepared or customized properly for your needs, or will be enforceable (since you are going at it alone and probably have no prenup drafting experience);
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The attorney who “backed” or designed the online form stands behind the specific premarital agreement that you create yourself online or by modifying a downloadable generic template; or
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The attorney has any liability whatsoever if it turns out to be unenforceable or does not protect you the way you intended.
Online Prenups with Add-On Attorney Representation Services
Why Timing Matters
Even those online form services that offer to provide contract attorneys to review prenup draft (like Hello Prenup, for instance) for a substantial add-on fee don’t provide the customers access to legal counsel until after they have created the draft using the online questionnaire(s). This sequence puts the online form user in the unenviable position of having to figure out how to answer the questionnaire used to generate the draft with no guidance from counsel who could otherwise make sure that all potential options are explored to arrive at specific terms that meet the needs and objectives of the couple.
In contrast, someone who hires a law firm to prepare the prenuptial agreement from the ground up has the advantage of real-time guidance and legal advice regarding the best set of terms to adequately meet the client’s goals. The ability to ask questions and have the process demystified by direct communication with a prenup lawyer or mediator throughout the process ensures that the client will be presented with the full range of options and be able to evaluate the pros and cons of various terms and approaches.
Moreover, the total cost of adding attorney review/representation to the base cost of the online prenup drafting package can exceed the cost of hiring an attorney or mediator who will work with you through the whole process. For example, Hello Prenup’s "$599 base rate" for the DIY prenup form generated after the customer completes the online questionnaire (with no attorney guidance) jumps to a wallet-busting $1,997 if you add on attorney representation after-the-fact.
Importantly, even those online providers that provide customers access to attorney representation for the substantial additional fee offer a very limited roster of attorneys from which the customer can choose. You usually cannot even see or investigate the few attorneys offered through the online service until after you purchase and pay for the basic drafting package.
Benefits of Using a Prenup Lawyer or Mediator from the Start
Alimony: A Good Example of Why Customization Matters
The benefits of being able to consult with an attorney or mediator before the premarital agreement is drafted can be shown by using the topic of alimony (aka "spousal support" or "maintenance") as an example. There are an endless number of possible terms that a couple could agree on relating to alimony, and those terms are often the most complex and customized provisions in an antenuptial agreement. Here are just a few examples of what terms may be customized to suit a couple’s needs and give them the peace of mind to get married:
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You can agree to waive alimony unless certain conditions are met, such as being married a certain number of years prior to divorce, the employment status of the parties at the time of divorce, a spouse being permanently disabled and unable to work, or one spouse making a career sacrifice for the material benefit of the family (e.g., a stay-at-home parent situation).
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You can choose the frequency, amount and duration that the alimony will be paid, and could even agree to cap the total amount paid on an annual basis.
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You can have the amount of alimony increase or decrease or be extinguished based on the occurrence of any number of situations or conditions.
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The parties could agree to a lump sum payment or distribution of certain assets to the receiving party in lieu of receiving alimony (like the transfer of the marital house to one spouse instead of receiving spousal support, for instance).
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You can select the kind of maintenance that is awarded (rehabilitative, temporary, durational) and the means by which the amount of the payments will be determined by tying it to the income of the payor.
The possibilities for customization of alimony terms are impossible to encapsulate with a questionnaire, and having access to an attorney or mediator to discuss what is reasonable and/or advisable from the start – before the initial draft is prepared – can make sure the couple proceeds with eyes wide open instead of just guessing at what terms might work without a frame of reference. You can read more about spousal support intricacies on our website and our Blog.
A short online questionnaire simply cannot present every option or explain how each approach might affect the parties over time. By contrast, even a relatively brief conversation with a Prenup Lawyer or Mediator can help identify options that may not have been considered.
The Advantages of Lawyer-Guided Drafting
Working with a lawyer or mediator offers a distinct set of advantages, including the ability to ask questions in real time, explore a broader range of options, and create a more customized agreement.
For couples who prefer a collaborative approach, obtaining a prenup through the mediation process provides an alternative that combines guidance with efficiency. For a Mediated Prenup®, both parties work together with a neutral prenup mediator to develop terms that reflect their shared goals, resulting in a completely customized prenuptial agreement that will be enforceable under the law.
Responsibility for the Final Agreement – Online Forms vs. Lawyer Prepared
Who Stands Behind Your Prenup?
Another important consideration is who bears responsibility for the final agreement.
Online form providers have no liability or risk exposure for legal malpractice, which is one reason that an online prenup service can charge substantially less than a law firm. With downloadable templates and online platforms, the responsibility generally rests with the users. Couples who create their own agreement are ultimately relying on their own understanding of the process and the choices they make and must accept all of the risk that their prenup was prepared properly and will be enforceable.
In contrast, when a law firm prepares a prenuptial agreement, whether by means of exclusive counsel representation or through mediation, the law firm is liable and may be held accountable if it commits malpractice in the preparation of the prenup.
A prenuptial agreement law firm must stand behind the prenuptial agreements it prepares for clients and ensure that a couple’s marital agreement won’t fail because it was drafted improperly.
The Bottom Line: Are Online Prenups Worth the Risk?
Online prenup services such as Hello Prenup, Trusted Prenup, Rocket Lawyer, LawDepot and their competitors offer convenience and accessibility, and they may be a useful starting point for some couples.
Prenuptial Agreements are critical and often complex legal contracts that determine, shape and control the financial rights and obligations of the parties for the life of their marriage. Because a premarital agreement is like a long-term insurance policy that can provide the peace of mind and protection that makes a couple comfortable to move forward with the larger contract of marriage, it is important for partners to evaluate and understand the risks and limitations that they must accept when relying on an online prenuptial agreement form compared to the more traditional approach of engaging a prenup lawyer or prenuptial agreement mediator to prepare their marital contract.