Online templates and downloadable prenuptial agreements are becoming more common. They are quick, cheap and easy to fill out. However, using one without legal guidance can lead to major issues later, especially if a couple later divorces.
A prenup is a legal contract; just like any contract, it must meet certain standards. If it does not, a judge may decide not to enforce it. That risk increases when a document is created without a legal professional’s help or when a couple does not fully understand what they are signing.
When a quick download becomes a legal mess
Not all online prenups are created equal. Even the best templates may fail to meet Michigan’s legal requirements. Online prenups often go wrong in the following ways:
- Missing Michigan-specific language: Each state has its laws. A general template may not follow Michigan’s rules on property division or spousal support.
- Lack of full disclosure: Both people must share all financial details honestly. Online forms do not always guide couples through this step well.
- Unequal terms: If the prenup favors one person and the other did not have a lawyer, it may be challenged later.
- No legal guidance: Without a legal professional explaining the terms, one or both partners may not fully understand what they are agreeing to.
- Signing issues: If the prenup was not signed properly or witnessed as required, it may not hold up in court.
Courts want to see that both people knew what they were doing and that the agreement was fair from the start.
A DIY prenup may save money today, but it can cost far more money, stress and time if it is ever challenged. As a result, it is important to seek legal guidance to help ensure a prenup is legally sound and reflects both parties’ wishes.
