How much does a pre-marital agreement cost?

UPDATED: Jul 13, 2023Fact Checked

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 13, 2023

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UPDATED: Jul 13, 2023Fact Checked

A pre-marital agreement is a legal document created by a couple in order to determine who will get what in the event of a divorce. The cost of drafting and legalizing such a contract will vary depending on your chosen method, but you can generally expect to pay a small lawyer’s fee and perhaps a fee for notarization in order to make the document official.

How can I estimate the cost of a pre-nuptial agreement?

First, you need to consider how you intend to create your document. If you and your spouse agree on the terms and the property in question is not substantial, you may agree to write your own prenuptial agreement. This is legally permissible and, provided you follow the laws for official documentation in your state, it will be considered a legally binding contract.

Writing your own pre-nuptial agreement will only incur the cost of having it notarized or witnessed by a judge or lawyer. This fee can vary but typically ranges from $15 (for a notary) to $40 or $50 (for a court-witnessed signing).

Be aware that if you make an error in the creation of the contract, that error could become costly in the event that you get divorced and the agreement isn’t upheld.

What if my pre-marital agreement involves complicated distributions?

If you and your spouse aren’t sure how to divide the property, if there are complex holdings in question, or if the amount of property in question is significant, then it may be in your best interest to obtain the assistance of a lawyer. Some people choose to have two lawyers, with one for each spouse, but this isn’t always necessary.

A lawyer will sit down with you and provide assistance as you write the terms of the contract. He or she will also ensure that all steps taken are legally binding and will assist with the proper documentation of the agreement. A lawyer’s fee for this type of service will vary depending on the complexity of your case. An average lawyer’s fee is approximately $250 per hour. You can calculate the possible cost based on how many hours you believe your situation will require.

Case Studies: Pre-Marital Agreements

Case Study 1: Writing Your Own Prenuptial Agreement

John and Sarah, a couple planning to get married, decided to write their own prenuptial agreement. They agreed on the terms and had their document notarized, which cost them $40. However, they later discovered that an error in the contract invalidated certain provisions, leading to complications during their divorce proceedings.

Case Study 2: Seeking Legal Assistance for Complex Distributions

Michael and Emily had complex holdings and were unsure how to divide their property in their pre-marital agreement. They sought the assistance of a lawyer who helped them draft the terms of the contract, ensuring its legal validity. The lawyer’s fee was $250 per hour, and based on their estimation, the total cost for their situation was $2,500.

Case Study 3: International Pre-Marital Agreement

Alex and Maria, a couple from different countries, were planning to get married. They had significant assets in both countries and wanted to ensure fair distribution in case of a divorce. Due to the complexity of their situation, they sought the assistance of a lawyer experienced in international family law.

The lawyer worked closely with Alex and Maria to understand their unique circumstances and helped them navigate the legal requirements and considerations of multiple jurisdictions. They spent several hours discussing and drafting the terms of their pre-marital agreement, including provisions for cross-border property division.

Given the complexity and international nature of their case, the lawyer charged a higher fee of $350 per hour. The total cost for their pre-marital agreement was estimated to be $5,000. However, Alex and Maria felt it was a worthwhile investment to protect their assets and ensure a smooth resolution in the event of a divorce.

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Jeffrey Johnson

Insurance Lawyer

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Insurance Lawyer

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

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