Hello Prenup! Prenup Pros and Cons
What is a Prenup?
So, you've found your person, the one you want to binge-watch Netflix with for the rest of your life. The person in whose company you’ll get comfortable farting (if you aren’t already). Congrats! But before you ride off into the sunset, there’s a slightly awkward question hanging in the air: should you get a prenup?
A prenup, or prenuptial agreement, is a legally binding document created by two soon-to-be spouses that outlines how assets, debts, and other financial matters will be handled in case of a divorce. Not exactly romantic, but it’s a practical way to manage expectations. It can cover everything from protecting one party’s family business to deciding who keeps the dog. Prenup considerations may be slightly different in different states (a prenuptial agreement in California may be different from a prenup in Texas) but the basic idea is a prenup is a will for your marriage.
Should I Get a Prenup?
Listen, no one likes to think about divorce when they're planning a wedding. But here's the hard truth: roughly half of marriages do end in divorce. And without a prenup, your state will decide how your assets get split. Do you really want to leave that up to random statutes?
A prenup is a way to guarantee that, in the unlikely event of a divorce, your assets aren’t split arbitrarily, and that no one else profits from your divorce.
When asking yourself “should I get a prenup?,” ask yourself:
Do I have significant assets or debts? A prenup can protect what you brought into the marriage and help define what stays yours.
Are there kids from a previous marriage? A prenup can ensure their inheritance is preserved.
Do I own a business? Protect that baby from getting caught up in a split.
Is this conversation worth it? Since I’m writing this article you can tell that I am not anti-prenup. However it’s a real consideration: will talk of a potential divorce (however remote that possibility) do more harm than good.
Prenups aren't just for the ultra-rich. They’re for anyone who wants to start a marriage with clear, honest boundaries. Let’s talk for a second about the actual matter of divorce. I am married. I do not want to get divorced, and have no plans to get divorced and no expectations that my marriage will end in divorce. It’s a depressing thing to contemplate, and therefore prenups are a tough topic for a couple going into a marriage. There’s a glass-half-full way of thinking about this, though: we simply don’t know what the future brings. We may be immortal (if the AI optimists have their way). We may live multiple rich lives during our one finite biological lifetime (as presently construed). All things must pass, and just because divorces happen doesn’t mean that every marriage that ended in divorce wasn’t a glorious and wonderful thing, for the time that it was, just as a finite human life is.
In less lofty terms, hear it from Louis C.K. (who may or may not be a scumbag, but he’s spot-on here).
How Much Does a Prenup Cost?
Ah, the money question. So, how much will this little dose of marital insurance set you back?
A prenup can cost anywhere from $1,000 to $10,000, depending on complexity. If you're just dividing a few bank accounts and a car, you're looking at the lower end. But if there's a business involved, some real estate, or complex investments, the cost climbs quickly.
Why the wide range? Well, like with most legal services, you’re paying for an attorney’s time, expertise, and their ability to translate legalese into something that actually makes sense. So yes, it’s an investment — but potentially one that could save you thousands (or more) down the line.
If you use a tool like Hello Prenup, it’s fairly affordable. In the state we’re in, for example, we’d be looking at $650.
Should I Use a Prenup Lawyer?
Maybe! But probably not. Lawyers, like dentists and car mechanics, profit off of problems. So taking your specific case to a prenup attorney means that they could filibuster and hem and haw and collect a high hourly rate for doing something that you could have done on your own. There are online DIY tools for creating a prenup, Hello Prenup is my recommendation.
Inserting a lawyer into the mix inevitably prolongs the conversation. Since this prenup business is not something you want to dwell on, this is one very good reason to not get a prenup lawyer. A prenup lawyer may not represent both parties’ best interests, either, in which case you may both need a prenup lawyer, which drags on the conversation.
That said, here are some reasons you might want to hire a prenuptial agreement attorney:
It’s still a lot cheaper and cleaner than dealing with a divorce lawyer, which might be classified almost down there with the ambulance chasers of the attorney world.
If the state you live in has especially complex prenup considerations. I will address that in some future articles.
You have an especially complex financial situation, including perhaps ownership of business(es), kids, properties, etc. etc.
You’re super f’n rich with lots of rich person considerations. In which case you’re probably not reading this.
But even with these reasons in mind, consider that a tool like Hello Prenup involves lawyers who have state-specific knowledge of prenups. You’re just getting access to one in a streamlined way. (with Hello Prenup, for example, you’re getting a Q&A session with the attorney and they review the final documentation.)
So, probably don’t get a prenuptial agreement attorney, at least not in the conventional way.
Prenup Pros and Cons
Every good decision deserves a pro/con list, right? Here’s what to consider before signing on the dotted line:
Pros:
Protects assets and debts: Ensures each party’s pre-marriage property stays separate.
Clarifies financial rights and responsibilities: Sets clear expectations around money.
Reduces conflicts if divorce happens: A prenup can make for a smoother, faster split.
Protects family property or inheritance: Keeps what’s intended for family, in the family.
Cons:
Awkward conversations: It’s not the most romantic thing to bring up over dinner.
Costly to draft: Legal fees can be significant.
Possibility of unenforceability: A badly drafted prenup could be thrown out by a judge.
Can feel untrusting: Some view prenups as planning for a divorce before the marriage even begins.
If you’ve read other articles here on Righteous Money you know that we’re all about taking the shame out of money conversations. Going through the process of discussing and establishing a prenup is a way to address the elephant in the room and set some boundaries. Like setting a budget, establishing a will, or creating a joint bank account, establishing a prenup can actually be a way of thinking less about money with your spouse once you get past the hard conversation.
In conclusion, prenups aren’t for everyone, but they’re a smart move for those who want peace of mind. You have to ask yourself if the conversation is worth it, and that’s a matter of knowing yourself and knowing your partner. Love might make the world go round, but clear, well-thought-out agreements help keep that world from spinning out of control.