"Why" Questions

Understanding the Purpose Behind Prenuptial Agreements

Why do I need a prenup?

You don’t need a prenup.  The state has already written the rules for your marriage if you divorce and if one of you dies.  At I Do Prenups, we know that most people do not actually know what the state’s rules are.  In fact, we have learned that most people find out what the rules are only when they get divorced or someone dies.  We have also learned that a lot of people don’t think the state’s rules are fair.  We think people are well served to at least know what the rules are, and, if their fiancé agrees, we think people are well served to make their own rules. 

What do you offer?

Through this website, you have two completely separate choices if you would like to create a prenup with us. The first option is to create a prenup through I Do Prenups Online Services, LLC. There is no attorney involvement at all. You will both answer a series of questions, and then the software will match you with a prenup. The software will complete your prenup and financial disclosures for each of you. The prenups are “legal,” and they are good, simple prenups. But they do not involve any legal advice at all. The service is a flat fee service, meaning you will pay one amount, one time.

The other option is to use I Do Prenups Premium Services, LLC. This option includes attorney representation and legal advice. The attorneys at I Do Prenups Premium Services, LLC are experienced and will help one of you draft a custom prenup and will give you legal advice. The cost for this service is based on an hourly rate, and the time it takes to complete the prenup and financial disclosures. Usually the costs are between $3500 and $10,000. The average is about $4500.

Do you use artificial intelligence?

No. The attorneys at I Do Prenups Online Services have created all of the on-line, attorney free options. If you choose I Do Prenups and you choose to hire an attorney, we give personal attention – we do not use AI.

Why would I create an attorney free, online prenup?

If you are getting married and considering a prenup, you are looking at the online option because attorneys are expensive, and you are worried about having very private, meaningful discussions with your fiancé involve a stranger with his or her own agenda.  You are worried that something that should be relatively straightforward getting out of control.  You are worried that the next weeks or months of your life will involving talking about divorce.  We think those are legitimate concerns.  We also think attorneys bring a lot to the table, but in Colorado, no one has to have an attorney for any legal process. 

Why did you create an attorney free, online option?

The CEO of I Do Prenups was a divorce attorney for 30 years, and has been drafting and litigating prenups for 25 years.  She knows prenups.  She writes about them, she speaks about them across the nation and she is hired to be an expert witness regarding prenups.  She also was one of Colorado’s first attorneys to offer “unbundled legal services” to clients in Colorado. She believes that people do the best with education and agency, and they should not be forced to hire attorneys.  She also believes that like all contracts, contracts between two people who created their own agreements based full information and fair discussions are most likely to abide by those agreements.  I Do Prenups Online Services is a continuation of her decades long service to Coloradans and their family legal matters.

General Questions About Prenuptial Agreements

Exploring the Basics and Legal Aspects of Prenups

What is a prenuptial agreement?

A prenuptial agreement is a contract between two individuals who are planning to get married.  It can be a contract about anything that is not against Colorado public policy, but generally it is a contract that governs what happens financially between them if there is a divorce, and what happens financially at the time of one of their deaths.  A prenuptial agreement allows a couple to create their own rules about their property and finances.  A prenuptial agreement is generally somewhat different than the Colorado laws that govern what happens financially between a couple at the time of a divorce or a death.  A prenuptial agreement allows people to create their own rules of engagement.

Do I need a lawyer for a prenup?

That is up to you.  You are not required to have a lawyer in Colorado for any legal matter, and you are not required to have a lawyer to draft a legally binding prenuptial agreement. Of course, it’s a good idea to have a lawyer.  But, we respect your decision to create an attorney-free, online-only prenup, and we provide the resources for you to do just that. Our Level 1 and Level 2 services allow you to create a prenuptial agreement completely online without the time or cost of traditional legal services.

How many days before my wedding does my prenup have to be signed?

Colorado law does not require that your prenup be signed any specific number of days before you get married.  However, at I Do Prenups Online Services, LLC, we require that you start the prenup process at least 14 days before your wedding.  We believe strongly that everyone needs at least a little time to work through this, and to have the time and opportunity to get a lawyer if one of you wants one.  Do not underestimate the importance of a prenup.  Take the process seriously.  Give it the time you need.  It’s a legal document that will affect your life.  Also, it is less likely that one of you will challenge the prenup later if you both gave it the attention and care you needed to when you entered into it.

Can we both use the same I Do Prenups lawyer?

I Do Prenups Premium Services is an option for those who do want to use a lawyer for this process.  However, we cannot ethically represent both of you.  No lawyer can ethically represent both of you.  You don’t both have to have an attorney, but we strongly recommend that if one of you has an attorney, each of you has your own attorney. 

What are the requirements for a valid prenuptial agreement under Colorado law?

Very basically, to be valid, all of the following is required:

      The prenup must be in writing.

      The prenup must be signed by each of you.  (No notary is required.)

The prenup must be signed by you both before you are married.  (There are postnups, but we do not offer on line services for them, as they are trickier.)

You each have to have provided the other person with full and fair disclosure of your assets, liabilities and incomes.  This does not have to be in any specific form, but you should really provide it in writing with supporting documentation, including income tax returns.

You must both sign the document freely, voluntarily, and knowingly.  (There is no set amount of time before the marriage you have to sign the prenup.  However, if a person signs a prenup very close to the wedding day, it is less likely that the signing is free, voluntary and knowing.)

Each of you must have had access to independent legal representation.  (You are not required to have an attorney, but you must have been given the time and opportunity – including the funds – to get an attorney if you wanted one.) 

If you don’t both have attorneys, there must be very specific language included in your prenup.  (The required language is included in the I Do Prenups Online Services prenup.) 

Your prenup cannot include any agreements about child custody, or any agreements about children and money that might deprive children of any kind of financial support. 

Your prenup cannot include any agreements that would be illegal, or against public policy. 

Your prenup cannot include agreements that would modify the grounds for divorce, or penalize one of you for filing for divorce. 

Does my prenup have to be fair to both of us?

No, it does not.  A couple of thoughts, though.  First, let’s recognize that “fair” is subjective, so what might seem “fair” to one of you might not seem “fair” to the other.  Most people think their view of things is “fair.”  But also, do you want to be unfair to the person you plan to marry?  Do you want to marry someone who is not fair to you?  The point is, a prenup does not need to be fair.  The point of a prenup is to decide between yourselves how you want things to work during or marriage or after a marriage ends. Think very carefully about those agreements. 

But does a prenup matter much to my marriage? Wont it just stay in a drawer unless we divorce?

A prenup matters all during your marriage, especially if it keeps one person in a very different
financial position than the other person. You should both think very carefully about the how the
prenup will affect your marriage.

Do I have to be a U.S. citizen?

No.  But you must be a resident of Colorado.

Do you have non-English prenups?

At this time, we do not offer prenups in any language other than English.  

General Questions about I Do Prenups

Discovering Our Platform and Service Offerings

What is I Do Prenups Online Services?

I Do Prenups Online Services, LLC is an online, attorney free service that allows couples create a prenup all online and with no attorney.  Based on your answers to questions online, your prenup will be generated for you.  You can choose Level 1, which offers no communication with any I Do Prenups employee, or you can choose Level 2, which allows you to talk with an I Do Prenups employee who can help you fill out the forms, including the financial disclosures.  If you use I Do Prenups Online Services, LLC, you will not receive any legal advice.  If you decide that you do need some legal advice, you can move over to I Do Prenups Premium Services. 

Is my information secure?

Absolutely, we take security seriously and have implemented robust measures to protect your data. Here’s how:

  1. HTTPS Encryption: Our website uses HTTPS encryption to secure all data transmitted between your browser and our servers. This ensures that your information remains confidential and protected from unauthorized access.

  2. Cloud Server Security: Our website is hosted on cloud servers equipped with advanced security features such as firewalls and intrusion detection systems. Regular security audits are conducted to maintain a secure hosting environment.

  3. Form Security: We employ secure form submission methods to ensure that your data is transmitted safely. This includes measures like CAPTCHA and reCAPTCHA to prevent spam submissions and enhance overall security.

  4. Data Handling Policies: We adhere to strict data handling policies and procedures to safeguard your information. This includes access controls, encryption of sensitive data, regular backups, and ongoing staff training on security best practices.

  5. Regulatory Compliance: Our data processing practices comply with relevant data protection regulations to ensure that your privacy rights are respected. We take compliance with laws such as GDPR and CCPA seriously to protect your data and privacy.

Your security and privacy are our top priorities, and we continuously strive to maintain the highest standards of security. If you have any further questions or concerns, please feel free to contact us.

Does I Do Prenups sell my information?

No. We do not sell or share your information at any time for any reason.

Can I waive the right to request and receive child support in my prenuptial agreement?

No, prenuptial agreements under Colorado law cannot waive the right to request and receive child support. Any agreement between about children is unenforceable if a court determines it not to be in the child’s best interests or if it adversely affects a child’s right to support.

Can I waive the right to request and receive temporary or permanent alimony, maintenance, spousal support, or attorney fees, from the other?

Yes, you can.  However, in Colorado an most other states, even if one person waives a right to support if there is a divorce, the court can decide to not enforce that agreement under some circumstances.  If the divorce is in Colorado, that circumstance is that the agreement to waive support is unconscionable at the time of a divorce.