A prenup typically costs between $600 and $10,000 per couple, depending on how the agreement is created.
A do-it-yourself online template runs about $600, but carries real enforceability risk, especially in a community property state like Washington. Pairing an online template with attorney review generally costs $2,000 and up. A traditional attorney billing hourly typically runs $2,500 to $10,000 or more, depending on complexity and negotiation.
A flat-fee, attorney-drafted prenup costs $3,500 at Prenups.com, with no hourly billing and no surprises.
| Approach | Typical cost per couple | Attorney involvement | Best for |
|---|---|---|---|
| DIY online template | $600 | None | Very simple situations; highest enforceability risk |
| Online service + attorney review | $2,000 and up | Limited, review only | Couples wanting a cheap check, not full drafting |
| Flat-fee attorney-drafted (Prenups.com) | $3,500 flat | Full, from drafting through signing | Couples who want real attorney involvement at a predictable price |
| Traditional hourly attorney | $2,500–$10,000+ | Full, billed hourly | Complex estates, heavy negotiation, open-ended budgets |
A prenup drafted by a licensed attorney who knows Washington’s community property rules is a fundamentally different product from an online template. A $3,500 agreement that holds up in court is worth more than a $500 agreement that does not.
Key Takeaways
- A prenup in Washington generally costs between $2,500 and $10,000 with hourly billing, or a flat $3,500 through Prenups.com, once you move past a bare-bones DIY template.
- Washington is a community property state, which means income and most assets acquired during the marriage are presumed jointly owned by default. A prenup matters more here, not less, because it is the primary tool for opting out of that default.
- Washington courts apply a two-prong fairness test: first whether the agreement is substantively fair, and if not, whether it was still entered into fairly, with full disclosure and independent counsel.
- Independent counsel for each spouse is not required, but it is strongly relevant to whether an agreement is found procedurally fair, which makes it worth taking seriously even though it is optional.
- The real comparison is not template versus attorney. It is the cost of a solid, state-specific prenup now versus a community property presumption you never actually opted out of.
Why Community Property Makes a Prenup More Important, Not Less
There is a common misconception that a prenup matters less in a community property state, on the theory that everything gets split 50/50 anyway, so what is there to plan for. That thinking has it backwards. Community property means that, by default, income and most assets either spouse acquires during the marriage are presumed to belong to both of you jointly. Without a prenup, that presumption applies broadly, and pulling a specific asset, a business, an inheritance, premarital savings, back out of that presumption after the fact is a much harder argument than deciding it in writing beforehand.
A prenup is exactly the tool that lets a couple opt out of the default community property presumption for specific assets, income streams, or arrangements they want to keep separate. Without one, that default simply applies, and a court divides the community estate in whatever way it finds just and equitable, which in practice tends to land close to an even split but is not a guarantee for every asset in every case.
What Determines the Price
A handful of factors move a Washington prenup up or down the cost scale. The complexity of your finances is the biggest driver: two people early in their careers with straightforward assets need a simpler agreement than a couple bringing a business, real estate, or significant premarital savings into the marriage.
Whether both people retain independent counsel matters more in Washington than in many states, since counsel is strongly relevant to whether an agreement holds up as procedurally fair. Skipping it does not automatically invalidate an agreement, but it removes one of the clearest ways to demonstrate fairness later.
The amount of negotiation is the final variable. A couple aligned on the terms moves quickly. A couple negotiating spousal support or how a business is treated will spend more time, and under hourly billing, more time means more money.
Hourly Billing vs. Flat-Fee Pricing
Most Washington family law attorneys bill prenups by the hour, which means the final cost depends on things you cannot predict at the outset: how many rounds of revision you need, how long negotiation runs, how many questions come up. The number you hear on day one is rarely the number on the final invoice.
Thinking about a prenup?
Talk to an attorney before you decide. A 30-minute consultation is $150 — credited toward your agreement if you move forward.
Schedule a Consultation →Prenups.com offers two flat-fee tiers for a Washington prenup. The Standard tier is $3,500 and includes a custom-drafted agreement from a licensed Washington attorney, an initial strategy consultation, unlimited reasonable revisions, and final signing guidance. The Negotiated tier is $5,000 and includes everything in Standard plus active negotiation with opposing counsel, up to six hours of attorney time for that negotiation and correspondence, and coordinated state-partner involvement, which is the right fit if the other side has already retained their own attorney. A postnup follows the same structure at $4,500 Standard and $6,500 Negotiated. Either tier is fixed before you commit, with no hourly surprises.
Is a Prenup in Washington Worth the Cost?
Washington courts apply what is known as the Matson two-prong test. A court first asks whether the agreement is substantively fair on its face. If it is not, the court then asks whether it was still entered into fairly, meaning both spouses had full financial disclosure and a meaningful understanding of what they were signing, with independent counsel weighing heavily in that second analysis.
That two-step review is exactly why a generic template is a poor fit for Washington. An agreement drafted specifically to satisfy both prongs, disclosed properly, and supported by each spouse having their own attorney, is built to survive scrutiny a court will actually apply. Set against the cost of leaving your entire community property presumption undefined, or against a template that fails the fairness test when you actually need it, the fee is not really a cost. It is the price of keeping control over your own financial life.
Getting a Prenup in Washington
The process starts with a consultation to understand your situation and goals, followed by full financial disclosure from both partners, drafting by a licensed Washington attorney built around the Matson standard, a round of review and revisions, and finally signing. Because Washington applies its own case-law test rather than a standard uniform act, this is not a place for a generic template pulled from a different state’s rules.
Prenups.com handles the entire process starting at a flat $3,500, remotely, with a licensed Washington attorney who drafts specifically for Washington’s community property framework and fairness review. For the full picture of what is included, the flat-fee pricing is published in full, and you can schedule a consultation to talk through your specific situation.
Frequently Asked Questions
How much does a prenup cost in Washington?
A Washington prenup typically costs between $2,500 and $10,000 with hourly billing, depending on complexity and negotiation. Prenups.com offers a flat-fee Washington prenup starting at $3,500 for the Standard tier, or $5,000 for the Negotiated tier if the other party has retained their own attorney.
Do I even need a prenup in a community property state like Washington?
Yes, arguably more than in an equitable distribution state. Community property means income and most assets acquired during the marriage are presumed jointly owned by default. A prenup is the tool that lets you define what stays separate instead of leaving everything subject to that default presumption.
What is the Matson test in Washington?
It is the two-prong fairness test Washington courts apply to a prenup: first, whether the agreement is substantively fair, and if not, whether it was still entered into fairly, with full disclosure and a meaningful understanding by both spouses.
Do both spouses need their own attorney in Washington?
It is not legally required, but independent counsel is strongly relevant to whether an agreement is found procedurally fair under Washington’s test, so it is worth taking seriously even though it is optional.
Is a cheap online prenup template a good deal in Washington?
Rarely. A generic template is not built for Washington’s specific community property framework or its two-prong fairness test, and it comes with no attorney to ensure disclosure and drafting meet that standard. The savings disappear fast if the agreement fails when it is actually needed.
Can a Washington prenup address spousal support?
Yes, a Washington prenup can address spousal support terms, though as with property provisions, those terms are evaluated under the same substantive and procedural fairness standard if they are ever challenged.
