How Much Does a Prenup Cost in Washington State?

One of the first questions people ask when they begin thinking seriously about a prenuptial agreement is a practical one: How much is this going to cost?

It is a reasonable question. Unfortunately, there is no single price for a prenuptial agreement in Washington State because there is no single kind of prenup.

A couple in their twenties who are marrying for the first time, have relatively straightforward finances, and already agree about what they want their prenup to accomplish may need a fairly simple agreement. A couple entering a second marriage with children, real estate, retirement accounts, a business, significant investments, or substantial differences in wealth may need something considerably more sophisticated.

And sometimes the biggest factor affecting the cost of a prenup is not how much money the couple has. It is how much they disagree.

Why Does the Cost of a Prenup Vary So Much?

A prenuptial agreement is a contract, but it is not simply a form that an attorney fills out.

A well-drafted prenup begins with understanding what the couple is trying to accomplish. Some people primarily want to protect property they owned before the marriage. Others want to establish what will happen to income earned during the marriage. One person may own a business or expect an inheritance. There may be a house that one partner already owns but that the couple intends to live in together. There may be children from an earlier relationship whose inheritance needs to be protected.

Each of those circumstances can affect the complexity of the agreement—and therefore its cost.

The amount of negotiation also matters. If both people have already discussed the major issues and generally agree about the structure of the prenup, the legal process can be relatively efficient. If every provision becomes a negotiation between two attorneys, the cost can increase quickly.

That is why asking how much a prenup costs is a little like asking how much estate planning costs. The answer depends on what needs to be planned for.

What Are You Actually Paying a Prenup Lawyer to Do?

When people compare the cost of hiring a lawyer with the price of an online prenup service, it can be tempting to think that both products accomplish essentially the same thing.

But drafting the document is only part of the work.

Washington courts look carefully at the circumstances surrounding a prenuptial agreement when deciding whether it should be enforced. Among other things, Washington law places significant importance on financial disclosure, whether the agreement was entered into voluntarily, whether the parties understood their legal rights, and whether they had access to independent legal advice.

In In re Marriage of Matson, the Washington Supreme Court explained that courts examining a prenuptial agreement consider both the substance of the agreement and the process by which it was made. Washington courts have continued to apply that framework. In other words, how the couple gets to the signed agreement can matter almost as much as what the agreement ultimately says.

That means a lawyer working on a prenup may be doing considerably more than drafting clauses. The attorney may be reviewing financial information, identifying separate and community property issues, discussing how Washington law would apply without an agreement, negotiating with the other party’s attorney, revising drafts, documenting financial disclosure, and making sure the client understands the legal consequences of what they are signing.

You are not simply paying for a document. You are paying for a legal process designed to produce an agreement that has a much better chance of doing what you intended it to do.

Do Both People Need Their Own Lawyer?

This is an important part of the cost conversation.

Ideally, each person should have independent legal advice.

That does not necessarily mean both attorneys will perform the same amount of work. Often, one attorney drafts the agreement and the other reviews it for the second partner. But one lawyer cannot simultaneously advise two people whose interests may be different.

Washington courts consider independent advice when evaluating the circumstances surrounding a prenup. The Washington Supreme Court has repeatedly emphasized the importance of parties entering agreements voluntarily, with appropriate disclosure and an understanding of their rights.

So when budgeting for a prenup, couples should generally think about the legal expenses for both sides of the agreement, rather than simply the cost of having one lawyer produce a document.

So, How Much Should You Expect to Spend?

There is a broad range.

Current published estimates for Washington vary considerably, and attorney fees depend on location, experience, billing structure, complexity, and the amount of negotiation required. A straightforward agreement may involve a relatively modest amount of attorney time, while a heavily negotiated agreement involving businesses, substantial assets, trusts, real estate, or complicated financial arrangements can cost several thousand dollars—or considerably more.

For that reason, I am wary of quoting a statewide “average” as though it tells a prospective client very much.

A $1,500 prenup and a $10,000 prenup may not be the same legal product at all.

A better question to ask during an initial consultation is: Given my circumstances, how complicated is my prenup likely to be?

That conversation can give you a much more useful idea of cost.

What Makes a Prenup More Expensive?

Complex assets certainly can. Business ownership, multiple properties, substantial investments, trusts, expected inheritances, stock compensation, or assets located in different states or countries may require additional analysis.

But complexity is not always financial.

Negotiation can be one of the largest drivers of legal fees. If the couple disagrees fundamentally about what should happen in the event of divorce or death, attorneys may exchange multiple drafts and negotiate individual provisions over a period of weeks or months.

Timing can also matter.

Trying to negotiate a prenup shortly before a wedding creates problems that go well beyond legal fees. Washington courts have considered the timing of an agreement in evaluating whether it was entered into voluntarily and fairly. In one Washington case, the court specifically considered the very short period between preparation of the agreement and the wedding, along with inadequate time for legal review.

Starting early gives both people time to think, obtain advice, exchange financial information, and negotiate without the pressure of an approaching wedding date.

It can also make the legal process considerably more pleasant.

Can We Save Money by Writing the Agreement Ourselves?

Technically, people can find templates and online prenup services for a fraction of the cost of hiring attorneys.

Whether that is a good bargain is another question.

A prenuptial agreement is unusual because you hope you will never need to test it. The agreement may sit in a file for ten, twenty, or thirty years before anyone asks a court to enforce it.

By then, the financial consequences may be enormous.

If an agreement is challenged years later, the question will not be whether the template looked professional when it was downloaded. The question will be whether the agreement satisfies Washington law and whether the circumstances under which it was signed support enforcement.

That makes a prenup a particularly strange place to focus exclusively on getting the lowest possible price.

A Prenup Should Be Proportionate to What You Are Protecting

Not every couple needs an extraordinarily complicated agreement.

In fact, a good attorney should help keep a prenup as straightforward as the couple’s circumstances allow. There is little benefit in turning a relatively simple financial situation into a forty-page negotiation.

But there is also a point at which saving money on legal fees can become expensive later.

If you own a home, have retirement savings, operate a business, expect an inheritance, have children from another relationship, or simply want greater certainty about your financial future, the potential value of a carefully prepared agreement may be much greater than its upfront legal cost.

The purpose of a prenup is not to predict that a marriage will fail. It is to decide, while the relationship is strong and both people are able to make thoughtful decisions, how certain financial issues should be handled.

That process takes some time and costs some money.

But if you are going to have a prenup at all, the goal should not simply be to have a signed piece of paper before the wedding.

The goal should be to have an agreement worth relying on.