If you began researching a prenup online, you have probably encountered websites, such as Hello Prenup, advertising online prenuptial agreements. While these sites seem like a reputable, inexpensive way to knock out the task, they can come with costly consequences later. It’s always a good idea to have your prenup reviewed by an attorney to protect you and your partner.
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Are Online Prenups Legal?
Yes, online prenups are legal. However, many states have rules regarding what makes an online prenup valid. In California specifically, online prenups are legal, but there are provisions that require them to be reviewed by an attorney in certain situations.
Additionally, just because your prenup is legal doesn’t mean it will legally enforceable. Courts heavily scrutinize prenuptial agreements during a divorce. Thus, if they find that it’s not fair or executed voluntarily, they may throw it out.
What Makes a Prenup Valid?
Generally, prenups are valid if they meet the following requirements:
- The prenup is in writing;
- Both parties consented to the terms;
- The terms are fair and reasonable; and
- Both parties provide a full disclosure of their financial information.
This is why using an online prenup service is risky. The likelihood of missing necessary information or including questionable terms is high compared to working with an attorney.
Is an Online Prenuptial Agreement a Good Option for Me?
For those considering online prenuptial agreements before marriage, it is critical to consider both the advantages and disadvantages of completing a prenup online.
Disadvantages of Online Prenuptial Agreements
For all the purported advantages, it’s essential to examine the drawbacks of relying on an online prenuptial to protect your financial future if your marriage dissolves.
Online prenuptial agreements are not personalized
A prenup is a highly personal document that requires a unique approach for each couple. Thus, a product designed for the masses may not provide you with the protection your situation requires. The most effective prenup is highly personal and specific. For this reason, using online prenup services or generic prenup templates is rarely a wise choice if you are not intimately familiar with your state’s laws. For example, while many online prenups do consider current assets and debts, others fail to take into account:
- Future children,
- Pet custody,
- Inheritance,
- Property appreciation,
- Business interests, and
- Large purchase plans (house, car, etc.).
These situations are much more difficult to plan for without consulting an attorney. Online prenups just can’t address these issues at the same level of detail.
Online prenuptial agreements may provide a false sense of security
You need a prenup that will hold up in court if necessary. You must work with a skilled family law attorney to know whether your online prenup will hold up in court.
For example, under California law, both partners must retain a reviewing attorney to advise if the online prenup contains spousal support provisions. Thus, it’s always a good idea to have a lawyer review the online prenup to verify that it is legally binding.
Advantages of Online Prenuptial Agreements
Though there are drawbacks to online prenups, they can have advantages. Creating an online prenup can be an accessible way for a couple to discuss important money-related topics. But in the end, a well-drafted prenup written by an experienced attorney conforming to your state’s laws is the gold standard.
Cost
An online prenup service can be a good resource if you’re on a tight budget. Online prenup services cost less than consulting with an attorney to draft your prenuptial agreement.
Paying less in the short term may seem like a good option, but you usually get what you pay for. When an online prenup service fails to provide high-quality legal services personalized to your unique needs, the documents may not withstand legal scrutiny. It is important to ensure the product is legally binding in your state. Otherwise, what started as a cost-effective solution can lead to a far more expensive court battle over the terms of the agreement.
Related: How Much Does a Prenup Cost?
Speed
An online prenup can be beneficial if you and your partner need to get the prenup completed quickly. Few law firms can compete with the speed of a template or an online prenup service that can generate documents around the clock, 365 days a year.
Even if you need a prenup in a hurry, a prenup is not a document to rush. If you hastily complete the process, you may end up with an agreement that will fail to provide protection when needed.
In certain states, like California, even a prenup online requires more than a few quick clicks. In California, you must abide by the seven-day rule, dictating that a party must present the prenup in its final form at least seven calendar days before signing.
Cyrus Pacific Law Provides the Best of Both Worlds
Don’t leave your financial future to chance. Drafting your California prenup can be a painless process. At Cyrus Pacific Law, our job is to assess the details of your situation and make applicable recommendations based on your goals. We can advise you regarding creating a clear, fair, and beneficial agreement for both parties.
If you need to create a unique, complete, and legally binding prenuptial agreement based on your specific needs, we invite you to contact Cyrus Pacific Law. We have been serving clients for over a decade and look forward to meeting you. Give us a call or contact us online today to get the discussion started.