FAQs & Resources
Making the decision to create a prenuptial agreement shouldn't be difficult, however the process of doing so can oftentimes be confusing. Read on to discover some questions we get asked both about our services and prenuptial agreements in general.
The Prenupta Process
Prenupta.com is an online tool that allows you and your spouse to work with licensed attorneys to draft your prenuptial agreement online.
Prenupta connects you with independent attorneys to draft and certify a legally binding prenuptial agreement. We are an online service so there are no office visits necessary. This way we can provide you with prompt legal service at a fraction of the price you will find at a local law office.
First, we will provide you with a free consultation to learn more about you and explain the range of your Prenuptial Agreement options. Once you have decided upon which package is right for you, we will ask you a series of questions that will allow you to decide how you would the agreement to be written. Then you will complete a full financial disclosure including a comprehensive list of assets and liabilities. All information is kept private and confidential.
Next the attorney will complete the first draft of your prenuptial agreement based on the answers you provided. You will receive the first draft within three days of completing the questionnaire, guaranteed.
After you have had time to read it yourself, we will schedule a review session with your attorney to go over the agreement in detail, revise to your specific needs and answer any questions you may have. You may make as many revisions as you need, no time limits and no hourly charges for time spent speaking with your attorney.
Once you are satisfied with the draft, a separate attorney will contact your fiancé and they will go through the same process of review. Finally, when you both approve of the terms in the agreement we will send you the official Prenuptial Agreement via email.
The last step will be to take the agreement to a local notary and sign it with your partner. Then you will keep the original copies for safekeeping in a safety deposit box, fireproof safe or wherever else you may keep your legal documents. As soon as your prenuptial agreement is signed and notarized, you’ve completed the process and you are ready to get married!
You can expect to receive your first draft within three business days from completing our questionnaire. A finalized agreement with attorney signatures will be complete in two weeks.
If you are getting married within two weeks, we offer Rush Packages, these feature expedited 24-hour turnaround service.
Prenupta will match you with an attorney once you have completed the purchase process. Your personal attorney will be assigned based on availability and your location.
Once you have been matched you will have access to the attorney’s business profile, bar license number, as well as their contact information to schedule appointments.
Choosing an Online Prenuptial Agreement
Prenupta started in 2017 and is based in West Hollywood California. Licensed and accredited by the Better Business Bureau, Prenupta connects you with experienced family law attorneys that specialize in drafting Prenuptial Agreements and helps couples coordinate and plan their prenuptial agreement in a convenient online portal. Since the company was established, we have provided hundreds of satisfied customers with legally binding agreements to help them establish a strong foundation from which to start their marriage and financial partnership.
To have the strongest Prenuptial Agreement in California, legal representation for both parties is a necessity. Traditionally this meant that both parties contemplating marriage needed to seek counsel from two local attorneys, pay two separate fees and the timeline and pricing was uncertain and expensive.
Prenupta is a platform that allows an individual or couple to pay one flat fee and receive the best legal advice from two independent attorneys with a quick turnaround time.
Prenupta provides a solution for those who are seeking professional legal counsel without being subject to the expensive standards that apply to drafting a prenuptial agreement, such as retainer fees and hourly charges. Often times, local attorneys, who do not specialize in prenuptial agreements, charge their clients exorbitant fees for the time spent preparing it.
Today couples often seek the use of templates or boilerplate forms to create an agreement that will likely be insufficient and inaccurate to this specialized field of law. Convenient as they may seem, it is an unfortunate reality that the use of these forms will ultimately be unenforceable when they are brought to court. Prenupta offers you the service of experts who will provide an enforceable contract that will stand up in court when you actually need it.
Prenupta prides itself on the accuracy and efficiency of our agreements. It is our responsibility to ensure that you understand the nuances and implications that come with signing your contract and we strive to provide you with a lifetime of protection for you and your partner. Many couples find that we are a good match between making sure that their agreement is enforceable, and that the costs are not out of their budget.
Common Prenuptial Agreement Questions
A Prenuptial Agreement is a contract between you and your spouse prior to your wedding day that determines how your assets will be controlled during the marriage and in the event of a possible divorce. The contract, also known as a “prenup,” provides financial security for both parties, a clear understanding of terms and the ability to avoid being subject to your state’s sometimes unfair default laws if there is a dissolution of the marriage.
California is a community property state, which means that by law, once you are married half of all earnings, property accumulated from earnings as well as appreciation of assets, belongs to your spouse in the event of separation or death. A Prenuptial Agreement will protect you from the legal ramifications that will otherwise be decided by the court in the event of a dissolution of your marriage. Crafted and specified to meet your specific needs, the terms of your agreement can predetermine what assets you want to remain separate and those you would like to be shared. Prenuptial agreements are an excellent way to help couples avoid a lengthy battle over property if the relationship ends in divorce.
It is a misconception that prenuptial agreements are only for wealthy people. A prenup will not only protect the assets you have now, but also all of your future potential earnings. That includes appreciating values of your retirement accounts, savings, investments, business ventures and real estate. If you plan to build your finances and want to make sure they remain as your property then a prenuptial agreement is a good idea.
I am shopping for a prenuptial agreement online, what kind of services should I avoid and what do I need to know?
Some online storefronts and template services often do not present the full picture and withhold pertinent information. Prenuptial agreements are not a “one size fits all” kind of service, although many online options market them that way. If you see that the description of a drafting service is vague you should consider it a red flag. As the saying goes, you will get what you pay for.
If you do not see specific information about what is included in the product, you should be very cautious before buying. Does the description explain that you will be represented by counsel and receive an attorney signature? Will there be a waiver of spousal support included? How long will the process take to complete? Will I be able to contact my attorney when I need them? These are all questions that need to be answered before a purchase.
Because prenuptial agreements are a specialized field of law some online legal services will take advantage of what you do not know and will leave you with a weak and possibly unenforceable contract. As the saying goes, you will get what you pay for.
Choosing a prenuptial agreement because it is less expensive may result in financial catastrophe. Let’s say for instance you purchased legal service for the lowest cost, it will likely mean that only you will be represented, there will be no spousal support protection and the terms will be one sided. In the future, if your marriage ends and you bring that agreement to court, it might be deemed “unfair and unconscionable” which means that the court will not enforce it. This will result in all of your assets being subject to a 50/50 split and that you may be obligated to pay spousal support (alimony) for a number of years. If your marriage lasts over 10 years you may be obligated to paying alimony indefinitely.
To avoid this pitfall, make sure that you have a clear understanding of what you’re buying so that you protect yourself from having an ineffective agreement. Prenupta offers counsel for you and your partner from independent attorneys to provide the strongest protection possible.
Legal Requirements of Prenups
It is best to start the process as early as possible and we recommend having the prenuptial agreement finalized and signed 30 days prior to your wedding day. There are several steps involved in completing your prenuptial agreement and our process takes two weeks to complete. To avoid the stress that may come from planning a wedding, we highly recommend beginning the preparation of your agreement two months in advance of your wedding day.
For expedited 24 hour turnaround service please refer to our rush order packages.
California law stipulates a seven day waiting period, which requires that if both parties are not represented by counsel, there must be at least seven days between when a party is first presented with an agreement and when the agreement is signed. If both parties have counsel, this waiting period is waived.
Yes. The last step in the process is to finalize your agreement with a notary public. The notary will serve as a direct witness to your signatures and verify that both parties have entered into it voluntary. We recommend you visit a local California notary which can be found at banks as well as your local city hall or court office. If you are traveling abroad, you can visit the U.S. consulate or embassy as they all provide notary services.
No you do not need to file the document with the court. Prenuptial agreements do not require authorization by the court to be valid. You will need to store the finalized and notarized draft in a safe place of your choice. We recommend to make at least two copies of the notarized agreement and store it in a safety deposit box or fireproof safe.
To avoid the possibility that a court will one day declare your prenup as invalid, it is best to have a family law attorney draft your contract. When a couple decides to write their own agreement or use a template online, there is a substantial risk that the terms and language will be insufficient or incomplete and therefore unenforceable by the court. Having an invalid prenup will subject you to the default rules of the state regarding the division of your assets and terms spousal support (alimony).
For the strongest agreement possible, having an attorney to represent each of you is the best option. The California Court tends to be more cautious about enforcing a prenuptial agreement that is signed by a party who did not receive independent legal representation. If the prenup seems unfair to the party without legal representation or if there are concerns about coercion or duress, a court may invalidate the prenup outright.
Spousal Support & Alimony
When a couple separates, spousal support — also known as alimony — may be assigned to the higher earning party to provide financial assistance to the lesser earning party. It is intended to recognize a partner’s contribution to the marriage and helps them to achieve financial independence. Spousal support may be ordered by the court based on factors such as the length of the marriage, standard of living, each person’s earning potential, contribution to household or career, and physical health of the recipient.
A waiver of spousal support allows you to decide upon the terms of separation, whether it be a complete separation or a limitation in the amount and time that alimony will be paid. Including a waiver in your agreement enables to have more control of your finances and can prevent you from being subject to default California laws.
To include a waiver of spousal support in your agreement, each party must be represented independently by their own attorney. Prenupta connects you and your partner with independent counsel to make the process of including a waiver of spousal support convenient and affordable.
Protecting Your Assets
The short answer is no, California law assumes inheritance as separate property. However, using a Prenuptial Agreement to identify your inheritance as separate property will provide further financial protection and prevent the possibility that a spouse may someday claim ownership of that inheritance.
If the house remains in your name and you continue to maintain its expenses, including mortgage payments and upkeep, you will retain all or most of the ownership. If you commingle expenses it may be considered community property. A Prenuptial Agreement will allow you to designate a house as separate property or community property depending on your needs.
If you are married for a number of years, the law of equitable distribution can be enforced, which means that the value of your house could be considered a joint asset. If so, your spouse will be entitled to partial ownership. A Prenuptial Agreement will provide clear legal distinctions about what property you would like to remain separate and protect you from the rules of equitable distribution.
Options for Married Couples
Couples who are already married can draft a Postnuptial Agreement. Similar to a prenuptial agreement, a postnuptial agreement establishes how the couple’s assets will be divided in the event of a divorce or separation and the amount (if any) of spousal support that one spouse will pay to the other if the marriage ends.
Postnuptial agreements include the same kinds of provisions as prenuptial agreements, the primary difference is that a prenup is entered into before a marriage, whereas postnuptial agreements are entered into after the couple has already married.
Have a question that hasn't been answered? Let us know.
Prenupta not only offers easy and affordable online prenuptial agreements, we have compiled extensive educational resources to support you and your spouse as you plan your future together.
Send Us Your Question
Resources for Couples
- Common Questions
How will my marriage benefit from a Prenuptial Agreement?
- Expert Advice
10 Reasons to get a Prenuptial Agreement
- Did You Know?