Expert Advice for How to Get a Prenup

Marriage is about the joining of two, a love that lasts a lifetime and the joy of sharing a life together. But what if, in the end, things don't work out the way you planned? That, my friends, is why you might want to learn how to get a prenup.

"A prenup is a legal contract that couples sign before marriage. It preserves individual ownership and prevents assets from being divided as joint property in the event of a divorce," says Jamie N. Berger, a lawyer and the co-founder of Jacobs Berger.

But you might wonder: What is a prenup and what does a prenup cost? To get the lowdown on all things prenup, what to do to get one, plus every burning question you might have about this legal contract, keep reading below.

In this article: How to Get a Prenup | Getting a Prenup FAQ

How to Get a Prenup

Like we said, a prenup is simply a legal contract couples sign before marriage that creates a plan for marital asset division if the marriage shouldn't work out. Think: inherited family wealth, businesses, properties and even investments that shouldn't be absorbed into a marriage. But can one learn how to get a prenuptial agreement? Follow the steps below to create a prenup.

1. Know When to Get a Prenup

First things first: Is there a right time to get a prenuptial agreement? "Someone should consider getting a prenup, also known as a premarital agreement, before commencing a marriage when there are assets, businesses, income or inheritance to protect," Berger explains. "Prenups can be an important and effective tool for an individual entering into marriage if they have an inheritance or own a business." Bringing up a prenup and discussing debt before marriage can help you and your honey be on the same page in the process.

2. Contact a Family Law Attorney

Next up? Contact a family law attorney about getting a prenup. According to Berger, working with a family law attorney who routinely drafts prenuptial agreements can be very important. You'll want to talk with your attorney about what goals you both have for the agreement, why you're choosing the path and how you and your partner can both feel comfortable signing it. You can also get a prenup using a service like Hello Prenup.

3. Prepare an Asset Disclosure

"Next, the attorney will ask you to prepare an asset disclosure (list of your assets and liabilities) for them to use in the drafting of your prenuptial agreement," Berger explains. This is an important step because it lets your lawyer know how to write a prenuptial agreement, exactly.

4. Review It

How long does it take to get a prenup? Usually, not long. After you prepare an asset disclosure, the next step is to review the agreement with your attorney and make sure you ask questions so you both understand all of the terms, your rights and, of course, obligations.

5. Execute and Notarize the Agreement

"Once the prenuptial agreement is reviewed by your soon-to-be spouse and the terms finalized, everyone will execute and notarize the agreement," Berger says. "Indicating that they are agreeing to it voluntarily, believe it is reasonable and are not being coerced into signing it." Finally, enjoy the wedding planning!

Frequently Asked Questions About Getting a Prenup

Can you get a prenup after marriage? Where do you get a prenup? What is the prenup cost? Can you write your own prenup? Here are expert-approved answers to your FAQs, below.

Can You Get a Prenup After Marriage?

Yes and no. "Agreements entered into after a marriage are called postnuptial agreements and have additional legal requirements and different standing under the law," Berger says. "This contract is signed by a couple after marriage that defines certain assets as separate property and may define other rights and responsibilities of the parties." But remember: Either way, it is important that you discuss the difference between this and a prenup with an attorney so you are protected.

How Long Does It Take to Get a Prenup?

Again, you might wonder: How long does it take to get a prenuptial agreement? Knowing this, plus when to get a prenuptial agreement and how long before a wedding a prenup should be signed, are all important.

"The time it takes to get a prenuptial agreement depends largely on the complexity of the issues," Berger says. "Typically, where businesses are involved, the agreements can take additional time as businesses may need to be valued." In her opinion, someone should consider getting a prenup before tying the knot, and usually not after, especially when there are assets, businesses, income or inheritance to protect.

Where Do You Get a Prenup?

"Prenuptial agreements can be drafted by an attorney who practices in the area of family law," Berger tells us. But because every state law is different, she adds that it is important that the attorney you choose understands the specific requirements of the jurisdiction you are living under to make sure your rights are protected. If you need help finding lawyers in your area, we've got you covered. Use The Knot Vendor Marketplace, listed under the officiants and premarital counseling section.

Can You Write Your Own Prenup?

Can you do a prenup without a lawyer? While you could look at a prenup sample and attempt it on your own, it's not recommended. "Different states have different rules for whether a prenuptial agreement can be drafted by a non-lawyer. Just because you can does not mean you should," Berger says. "The best way to protect yourself and make sure a prenup is something that can be enforced if you find yourself going through a divorce is to work with an experienced attorney."