You might not understand state law requirements

Prenup law is governed by each state’s laws. What is required of a prenup in California isn’t necessarily required in Alabama. For example, a handful of states actually require witnesses for a prenup to be valid, whereas the majority of states don’t have this requirement. Other states, like California, might have completely unique requirements (we’re looking at you, California-seven-day rule).

As you can probably imagine, you will need to make sure you follow your state’s laws to have a valid and enforceable prenup. Going the DIY route can put you at risk of non-compliance unless you are familiar with what is required. Some of the laws are straightforward and listed in the state’s domestic law statutes. However, other prenup requirements may be buried in dense case law that generally requires a trained lawyer to parse them out and explain them.

Opportunity to hire legal representation is usually required

A vast majority of states don’t explicitly require legal representation for a prenup to be valid. In other words, yes, you can technically (by law) write your own prenup, and it can technically be upheld. However, states generally require (through case law) that each party at least have the opportunity to hire a lawyer, even though both parties may ultimately decide against it.

For example, let’s say John has written his own DIY prenup weeks before the wedding. He has plenty of time (weeks) to contemplate the terms and get a lawyer if he wants one. Then, at the church on the wedding day, he presents the prenup to his partner. She clearly does not have access or the opportunity to hire a lawyer in this scenario—she’s about to walk down the aisle. One could argue that she could call off the wedding, but it’s a tough one to make. This type of situation would typically be problematic for a court, and there would likely be a more in-depth analysis of whether this prenup should be enforced.

Sometimes, formal legal representation is explicitly required

In some states and in some situations, hiring a lawyer becomes required for a valid and enforceable agreement. In this case, a do-it-yourself prenup is no longer an option. For example, in California, there is a rule that says if you waive spousal support, you must hire a lawyer. (Cal. Fam. Code § 1612(c)). Without legal representation, the spousal provision would likely not be enforced, and/or the entire prenup itself could also be at risk.

In another scenario, if you are determining embryo clauses in your New York prenup, you will be required to hire a lawyer because embryo disposition agreements require legal representation. (N.Y. Fam. Ct. Act § 581-306).

Furthermore, the legal complexities surrounding prenup law in South Carolina, West Virginia, and Alabama make legal representation particularly important there. Proceeding without an attorney and going the DIY route in these states carries significantly more risk.

As you can see, there are some “landmines” that might require legal representation for your prenup, and doing a DIY prenup without a lawyer can have your prenup thrown out by a judge.

You may run into financial disclosure issues

Financial disclosure is a requirement for virtually every single state (some states may allow you to waive it, but it’s still risky). Financial disclosure requires detailed information regarding each person’s financial situation, which is attached to a financial schedule in the prenuptial agreement. This includes income, debt, assets, and future inheritances. Omitting important information or detailing it incorrectly can be problematic and potentially get your prenup thrown out. Hence why, a DIY prenup may be risky if you aren’t 100% sure how to execute financial disclosure according to your state’s laws.

You might not know all of your options

Creating a do-it-yourself prenup can often fall short in scope and comprehensiveness. If you lack legal training, you may inadvertently overlook crucial scenarios and fail to address all their needs and concerns. For instance, a DIY approach might not adequately consider the implications of purchasing property jointly versus individually during the marriage or how to handle the division of future assets based on each party's contributions. This limited understanding of available options can result in a prenup that doesn't fully protect your interests.

The bottom line is that DIY prenups can be risky

As you can see, do-it-yourself prenups have risks. You may not understand and properly comply with state laws, you might actually require an attorney for your prenup in certain scenarios, and/or you may not properly execute on financial disclosure. On top of that, you may sell yourself short in terms of what to include in the agreement itself. At the end of the day, DIY prenups may be doable in some limited situations, but it’s always better to work with a reputable online prenup company and/or prenup attorney.

Learn More About Prenups & Get Your Questions Answered - Free Consultation

Ready to learn more about prenups and have your questions answered? Contact HelloPrenup for a free consultation: https://helloprenup.com/ Book your free consultation today: https://calendly.com/helloprenup/helloprenup-consultation?month=2024-12