How Much Does a Prenup Cost?

A prenuptial agreement, or prenup, can range in cost depending on various factors, including location, attorney fees and the complexity of each partner’s financial situation. More complex agreements involving business interests, family trust or high-value assets can lead to significantly higher costs. A 2024 survey of family lawyers from across the U.S. found the average cost of a prenup to be $8,000 per couple. Keep in mind that additional costs can arise if negotiations are lengthy or if multiple rounds of revisions are necessary.

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What Is a Prenup?

A prenuptial agreement, or prenup, is a legal contract that two people enter into before getting married. It typically outlines how certain assets, debts, income and financial responsibilities will be handled during the marriage and in the event of divorce or death.

Prenups can address issues such as ownership of property brought into the marriage, treatment of future earnings, responsibility for existing debts and how certain assets may be divided if the marriage ends. They can also help protect business interests, family property or inheritances that one spouse wants to keep separate.

A prenup does not automatically control every issue that could arise in a divorce. State laws generally limit what these agreements can cover, and provisions involving matters such as child custody or child support may not be enforceable simply because they appear in the contract.

For a prenup to hold up legally, both parties generally need to enter into it voluntarily and provide accurate financial disclosures. Each person may also benefit from having their own attorney review the agreement before signing, especially when significant assets, debts or complex financial arrangements are involved.

How Much a Prenup Costs

Prenups can range in cost based on several factors. For most couples, the cost can vary significantly, ranging from $1,000 to $10,000 for more complicated situations. While there are templates and information available online, you may want to use a private attorney to ensure that the agreement is valid and legally binding.

HelloPrenup, an online platform where couples can create DIY prenups, conducted a survey of family attorneys in 2024 and found that the average couple pays $8,000 to make a prenup.

Factors that determine the cost of a prenup can be the city and state you reside in, how many assets and debts each individual has, the reputation and practice of the attorney you choose and any prolonged negotiations. The couple’s assets and liabilities play a factor in how long it will take an attorney to draw up an agreement, so any couple with complex assets may be billed more for the service.

Another consideration: For one or both parties in a divorce, a prenup’s cost could end up being less than the cost of leaving the distribution of assets to a judge’s interpretation of a state’s equitable distribution laws.

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Why a Prenup Is Useful

Some people think a prenup is only for extremely wealthy people or for people who think divorce is in their future. However, a prenup can be useful in several situations.

For example, suppose one or both of the individuals has kids from a previous marriage. In that case, a prenup can help them sort out the details of how they want to divide their assets should one individual die prematurely or if the couple gets divorced. The same is true if one or both individuals receive an inheritance before the marriage that they want to protect.

Another example is if one or both prospective spouses have assets before the marriage or have significant debt. They may want to protect the other from inheriting their debt or protect their assets by keeping them legally separate. Any assets or debt that a couple accumulates during their marriage is community property or joint marital property in most states.

Although it’s wise for most couples to get a prenup, they’re not right for everyone. If a couple decides not to sign a prenup, they may still want to document all their accounts as they stand before the marriage. That way, they’ll know exactly what their assets are should they need proof in the future.

How and When to Talk About a Prenup

Couples should discuss a prenup long before their wedding date. Getting a prenup is a multi-step process, so it is wise for a couple to discuss if and how they will get a prenup at least 30 days before their wedding.

The first step to getting a prenup is to do your research. You should understand what goes into a prenup, and what you want to cover and learn more about attorneys that can execute your prenup. Most states require that after a prenup is presented to an individual, they must take at least seven days to read it and seek legal counsel. Therefore, many couples choose to have their prenups written months before their wedding.

Additionally, prenups are not legally binding until the individuals get married. Each state has unique prenuptial agreement laws, so be sure to investigate what the parameters are where you live before making any decisions to move forward. It’s also a good idea to get legal representation for both parties during the process.

Bottom Line

Prenuptial agreement and a judge's gavel

The costs of a prenup will depend on a number of factors. Therefore, it’s a good idea for couples considering marriage to research prenuptial agreements and their cost. Many people choose to get prenups to protect their future spouse or protect their assets, families and more. Because each prenup is different, prenups vary in cost. If you have additional questions, you may want to consult with a financial advisor and an attorney who can point you in the right direction.

Financial Tips for Couples

A financial advisor can help you manage investments both individually and as a couple. Finding a financial advisor doesn’t have to be hard. SmartAsset’s free tool matches you with vetted financial advisors who serve your area, and you can have a free introductory call with your advisor matches to decide which one you feel is right for you. If you’re ready to find an advisor who can help you achieve your financial goals, get started now.
If you and your partner are considering buying a residence, using a free calculator to see how much house you can afford can keep you from making a costly mistake.