Before You Say “I Do” Online: A Modern Couple’s Guide to Prenups

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“Everyone already has a prenup. Either you write it, or your state writes it for you.”

TL;DR

• What is a prenup? A prenuptial agreement is a contract between two people getting married that sets the rules for money, property, and debts during the marriage and if it ends.
• Who should consider one? 53% of engaged or married Americans under 45 have signed a prenup as of May 2026, according to a  Harris Poll conducted for Bloomberg News.
• What can a prenup cover? Depending on applicable state law, a prenup can cover assets, debts, business interests, inheritance, and spousal support. 
• What can't a prenup cover? A prenup generally cannot decide child custody or child support.
• How do you get a prenup? Couples can work with attorneys directly or use an online prenup platform like First®.

What is a Prenuptial Agreement?

A prenuptial agreement (or “prenup”) is a contract between two people who are about to get married. A prenup spells out what happens to your money, property, and debts during the marriage and in the event it ends. Think of it as the financial ground rules you both agree to before you say “I do.”

A prenup can cover what each of you is bringing into the marriage (savings, property, student loans, investments) and how you’ll handle what you build together. A prenup can also address spousal support, inheritance, and how future assets like business interests or retirement accounts are treated.

A prenup is different from a postnuptial agreement, which is the same kind of contract signed after the wedding. A prenup only exists if signed before the marriage.

Who Should Consider a Prenup?

More couples than you’d think. According to a  Harris Poll conducted for Bloomberg News, 53% of engaged or married Americans under 45 had signed a prenup as of May 2026, up from 34% of millennials in 2022. Family law attorneys report that women initiate about half of all prenup requests.

Here’s who benefits most from a prenup:

• International and cross-border couples. If you and your partner live in different states or countries, a prenup adds clarity about which laws apply and how cross-border assets are handled. For couples getting married through Courtly, this matters especially, since your day-to-day lives may already span multiple jurisdictions. One note: a U.S. prenup is written for a specific state, and at least one partner needs to be living, or about to be living, in that state. Couples living entirely outside the U.S. should speak with a family lawyer where they live.
• Second marriages or blended families. If either partner has children from a previous relationship, a prenup helps protect those children’s interests and makes inheritance wishes explicit.
• Couples with modern assets. Equity in a startup, crypto, freelance income, intellectual property. These don’t fit neatly into traditional legal frameworks. A prenup defines how they’re treated up front, so both partners have clarity from day one.
• Long-distance or independent-life couples. If you’re building careers in different cities or maintaining financial independence, a prenup reflects how you actually live rather than defaulting to assumptions that don’t fit your relationship.
• Military couples. Frequent relocations, deployments, and military-specific benefits (pensions, VA loans) create financial situations worth planning for together.

Who Might Not Need a Prenup?

Most couples benefit from at least considering one, but a prenup is not necessary for everyone. If you have no significant assets, no debt, no children from prior relationships, no plans to start a business, and you live in a state whose default marital property rules already match what you’d want, a prenup may not add much. In that case, your state’s default rules effectively function as your prenup. It’s worth understanding what those default rules are before you decide.

What Does a Prenup Cover?

A prenup can address:

• Assets and debts each person brings into the marriage
• Property ownership: who keeps what, and how jointly owned property is divided
• Business interests and how they’re treated if the marriage ends
• Inheritance and estate planning wishes
• Spousal support (alimony): whether it’s included, waived, or structured
• Future income, investments, and retirement accounts

What Does a Prenup Not Cover?

A prenup cannot address:

• Child custody or child support. Courts decide these based on the child’s best interests at the time of the divorce, not on any prior agreement.
• Anything found to be unconscionable. For example, a clause that would leave one partner with nothing after a 20-year marriage while the other keeps everything. Courts can disregard terms that are grossly one-sided or were agreed to under pressure.
• Non-financial personal matters such as household chores or lifestyle clauses.

What Happens If You Don't Get a Prenup?

If you don’t sign a prenup, your state writes one for you. Every state has default rules that decide how assets and debts are divided if a marriage ends. These rules fall into two systems:

• Community property states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin) generally split assets earned during the marriage 50/50, regardless of who earned them.
• Equitable distribution states (the other 41 states plus D.C.) divide marital assets based on what a judge considers fair, which is not always equal.

Neither system may match what you and your partner would have chosen for yourselves. A prenup lets you set your own terms instead of relying on your state’s default.

Set your own terms, together
First® generates a custom, state-specific prenup based on your wishes. Notarization included.
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Myths and Objections, Answered

Are prenups unromantic?

A prenup is one of the most proactive things a couple can do for their relationship. A prenup replaces avoidance with transparency and gives both partners a shared understanding of each other’s financial lives before the wedding. Think of it the same way you would any other financial planning tool.

Do you need to be rich to get a prenup?

You don’t need to have significant assets to benefit from a prenup. If you have student loans, a savings account, a retirement fund, or plans to start a business, you have something worth protecting. A prenup isn’t just for “today you.” It protects “future you” too.

Does asking for a prenup mean you’re planning to divorce?

No. Asking for a prenup means you’d rather set your own terms than leave them to a one-size-fits-all state law. Every married couple already has a prenup: either the one they wrote, or the one their state wrote for them by default.

How long does it take to get a prenup before your wedding?

A prenup must be signed before the marriage to be valid. The traditional route (hiring separate lawyers, scheduling meetings, negotiating back and forth) can take months. Timing also affects enforceability, and California is the strictest: at least seven calendar days must pass between when the final agreement is delivered and when it is signed, and that requirement cannot be waived. Other states set no minimum, though attorneys generally recommend finalizing at least 30 days out. Online prenup platforms are built for couples with shorter timelines: First® couples can get their prenup draft same-day, with Lawyer Review packages available for weddings as close as 15 days away.

How Do You Get a Prenup Online?

Getting married online and getting a prenup online go hand in hand. Both are built for couples who want a modern, remote-friendly process without the overhead of the traditional route. An online prenup is equally legally binding when it meets your state's requirements. What changes is the cost and how independent counsel is arranged.

Traditional Prenup vs. Online Prenup

*For a complete list of states with attorney review available, visit First®’s website. 

"Why are any of us willing to say 'I do' without a clear financial framework?"
Libby Leffler, Founder & CEO of First® — in Fortune

Why Couples Choose First

For couples using Courtly, the entire process is remote-friendly. You and your partner can complete the prenup from different locations, on different schedules, whenever it works for you. First® is available in 46 states plus Washington, D.C. 

Here’s how First® works:

1. Choose your path. Self-Serve ($649) if you want to move forward on your own, or Lawyer Review ($3,500) for independent legal counsel for both partners. Bespoke is available for more complex situations.
2. Sign up and answer guided questions about your finances, assets, and goals.
3. First generates a custom, state-specific prenup based on your answers. No templates.
4. Sign your agreement before your wedding date. The prenup becomes legally binding the moment you get married.

Notarization is included free with every package.

"Our goal at Courtly is to provide you with all the tools you need to get married online. If one of the tools you need is a prenup, it’s easy to get one with First."
Micaela Beltran, Founder & CEO of Courtly

Frequently Asked Questions

Is an online prenup legally binding?

Yes. Online prenups are legally binding when they meet the requirements of the state where the couple lives: written, signed voluntarily before the marriage, supported by full financial disclosure, and free of unconscionable terms. Every prenup created with First® is drafted to the requirements of your state.

How do you know what state to get a prenup in, and what happens if you move?

A prenup is generally governed by the laws of the state where the couple lives at the time the prenup is signed, not the state where the wedding takes place. This is worth noting if you are marrying online, since your ceremony and your prenup may fall under different states' law. First® requires at least one partner to be living, or about to be living, in the state the prenup is written for. If a couple moves, the prenup doesn't disappear, but enforcement may vary by state. Couples with questions about future relocations can use First®’s Lawyer Review package to discuss the specifics with counsel.

How is a prenup different from a trust or an estate plan?

A prenup governs what happens to assets within a marriage and in the event of divorce. A trust or estate plan governs what happens to assets when someone passes away. A prenup does not replace an estate plan, and an estate plan does not replace a prenup.

How is a prenup different from a postnup?

A prenup is signed before the wedding. A postnup is the same kind of contract signed after the wedding. Both can address the same financial matters, but state courts generally scrutinize postnups more closely, which makes prenups the more common choice.

Do you need a lawyer to get a prenup?

Not necessarily. First®’s Self-Serve option is designed to be completed without an attorney and is built to be legally sound. Couples who want independent legal counsel can use First®’s Lawyer Review package, which provides two attorneys (one for each partner) at a flat fee.

How long does it take to get a prenup?

Some couples complete the process in days. The First® process is guided and online, so couples can work at their own pace. Rush packages are available for weddings approaching in as few as 15 days. Keep California's seven-day waiting period in mind if you live there.

Do prenups need to be notarized?

Most states require prenups to be signed in front of a notary to be enforceable. First® includes notarization free with every package.

How much does a prenup cost?

The traditional route through separate lawyers typically costs $10,000 to $20,000 per couple. First® saves couples an average of $13,000 on their prenuptial agreements. Full pricing details are available on First®’s website. 

Ready when you are
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About First

First is a consumer legal-tech company on a mission to make prenuptial agreements faster, simpler, and more affordable than the traditional route. First was founded in 2023 by Libby Leffler, previously Sheryl Sandberg's Chief of Staff at Facebook, with senior roles at Google, SoFi and Compass. She was named to Inc.’s 2026 Female Founders 500. The company is based in California and backed by startup studio Expa. First has been featured in Vogue, Fortune, and The New Yorker.

About the Author

Sarah Kauffman leads customer operations at First®, where she writes about modern marriage, money, and the legal side of getting married.

Disclaimer: This guide is for general educational purposes and is not legal advice. First and Courtly are not law firms and are not a substitute for advice from a licensed attorney. Prenuptial agreement requirements vary by state, and enforceability depends on your specific circumstances.

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