Written by Background Check Repair
Background Checks | May 29, 2024
Table of Contents
With the United States among the countries with the highest divorce rates and the cost of divorce proceedings reaching an all-time high, more and more people wonder, how many marriages have prenups?
Is it really 7 percent, or is the number higher? And, do nearly two-thirds of people see them as a “negative” before the marriage even starts?
Yes. But, that doesn’t tell the entire story.
The idea of protecting personal property that won’t become ‘joint’ assets is attractive to many people. Premarital agreements, also called prenuptial agreements, can be a valuable tool for couples embarking upon marriage, and it is why many newlyweds run a partners’s background screening before tying the knot.
But some statistics suggest that more than half the population feels that a prenuptial agreement carries a negative connotation.28
This article explores the potential advantages and disadvantages of getting a prenuptial agreement. Read on to find out how many marriages have prenups and when and why a premarital agreement might be advisable.
With nearly 50% of all marriages ending in divorce, the question of whether to get a prenuptial agreement is more important than ever.39 Yet, it seems that perceptions of prenuptial agreements are still mixed.
A 2003 publication in The Harvard Gazette reported a law student’s findings when researching prenuptial agreements. The study found that even though most individuals were able to approximate the high national divorce rate, fewer than 12% of individuals polled believed that divorce was a potentiality for their marriage and fewer than 5% had prenups in place.
Furthermore, an average of 62% of persons polled (including laypersons and law students) felt that a partner asking for a prenuptial agreement was a bad indicator of the health and duration of the marriage and potentially even a predictor of divorce!29
This is just one side of the story, however. As much as 15% of divorced persons indicate that they regret not having a prenuptial agreement in place before getting married.39 In a more recent survey of divorce attorneys, 62% reported an increase in requests for prenups and 51% indicated that prenuptial agreements were on the rise with millennials.40
In general, millennials appear to be waiting longer to marry and are entering into marriages with more to offer, or in other words, more to protect or insure. Perhaps the perception of prenuptial agreements is changing.
Prenup is a shortened term for a prenuptial agreement, often used interchangeably with premarital agreement. A prenuptial agreement is a legal contract between two individuals planning to enter into marriage.20
The contract may detail the financial assets or debts that each individual brings to the marriage, as well as the financial responsibilities of each party and what happens to assets and marital property in the event of divorce or even death.26
Prenups have been used and accepted as binding legal contracts since the 1980s but historically have been viewed as exclusive to wealthy or high-profile individuals and couples.28
A prenuptial agreement, when executed properly, can help protect the financial interests of both marital parties and their children. A properly developed prenup is characterized by the following:
As with most anything, the price of a prenuptial agreement depends on many factors, such as:
The variables listed above significantly impact the price of the prenuptial agreement, as many lawyers charge a flat rate for a draft, compounded by an hourly rate for further negotiations. While some sources indicate that having a prenup drafted by an experienced lawyer can be expected to cost on average $750, others suggest that this number is more of a starting point.4 More complicated premarital agreements can cost upwards of $10,000.20
Some websites offer prenuptial agreement services, but there is a higher risk of the contract not holding up in court without in-person legal counsel.
The table below provides a sampling of prenup pricing estimates across the United States.
| How Much Do Prenups Cost by State? | Total Cost |
| Alaska | $2,50025 |
| California | $2,000 – $6,00011 |
| Florida | $1,200 – $1,5001 |
| Kentucky | $80034 |
| Maryland | $1,200 – $2,50012 |
| Michigan | $1,200 – $2,4002 |
| New York | $3,000 – $3,50027 |
| Pennsylvania | $1,200 – $2,5003 |
| Texas | $1,20023 |
| Washington | $2,500 – $3,00031 |
The numbers in this table are general estimates and reflect starting costs for simple contracts.
Any person wondering how many marriages have prenups is likely also curious about the possible advantages and disadvantages of getting a prenuptial agreement. In this section, learn all about the pros and cons of prenuptial agreements to assist with making informed decisions.
There are many people who are proponents of premarital agreements and some who would even advocate for making prenups mandatory for all prospective spouses.28 There are many benefits to a prenuptial agreement, and here is the shortlist:18,22
Getting a prenuptial agreement drafted before marriage is more widely accepted today than it was twenty years ago, but there are still relatively few couples who do it. Although a prenup is a useful tool in any marriage, it is particularly helpful in situations where:20,26
Though the benefits of prenups are numerous, there are also a few potential pitfalls. Some of these are listed here.8,22
View the summarized pros and cons in the following table.
| Pros of Prenups | Cons of Prenups |
| Establishes a pattern of honest and healthy communication | Can be very costly, creating an unwanted financial burden before marriage. |
| Helps couples learn to navigate difficult financial conversations early in the relationship | May create or exacerbate a strain on the relationship |
| Allow couples to outline in advance how financial questions will be addressed | Can create or perpetuate an imbalance of power in the relationship |
| Typically costs significantly less than settling financial matters in divorce court | Do not always hold up in a court of law |
| Provide financial security for both parties and any children from prior relationships. | Do not necessarily represent both parties equally |
| Able to be modified or withdrawn with both parties’ permission at a later time | May be coercive in nature |
| May reveal latent issues within the relationship that can create more tension down the road | Often perceived as reflecting negatively upon the future of the marriage by the partner who did not broach the idea |
Curious about how many marriages have prenups? Well, interest in prenups has been gradually growing over the last 30 or so years, and more individuals are expressing willingness to get a prenup.10 However, the number of individuals who actually get the prenup is still relatively small, with several outlets estimating five to ten percent or about seven percent on average.29
Still wondering how many marriages have prenups in each state? While the rate of prenups has increased dramatically at a national level in the last couple of decades, there is, unfortunately, no available information on how these numbers reflect at the state level.
However, anyone can learn to search for a divorce date freely online by searching their local court site.
State laws regarding prenuptial agreements and marriages, in general, tend to vary quite a bit, and individuals often want to know about these laws prior to entering into a marriage. What happens to property acquired during the marriage if the couple divorces? What happens to those retirement savings? Much of this depends on where the couple lives.10
More than half of the states in the U.S. have adopted the Uniform Premarital Agreement Act which was designed to create a multi-state standard for prenups.35 Many state governments have modified the UPAA for their state, and many more states have developed entirely separate laws on prenuptial agreements.5
Find links to each state’s prenup law in the following table.
* Denotes states which have adopted/adapted the Uniform Premarital Agreement Act.32,35
One of the primary fallbacks of a prenuptial agreement is that oftentimes, these contracts do not hold up in court and end up getting thrown out. In many cases, this has to do with the way that the contract was developed or what is written into the contract. In other cases, a prenup may be thrown out because a couple’s situation has changed drastically enough that the contract is no longer an accurate representation of their financial affairs. With all of this uncertainty, it makes sense for individuals to wonder how many prenups get thrown out and don’t actually hold up in court.
Despite the gradually growing interest in prenups, there is still very limited data about them. This likely stems from the fact that prenups are not widely publicized, including private information, and occupy a vague legal space between estate law and family law.28
It is impossible to give even an estimate of how many prenups are thrown out, but it is possible to present the predominant reasons why a prenuptial agreement would not hold up in a court of law.21,26
When considering a premarital agreement, it is always important to ensure that proper legal counsel is sought and both parties’ needs are fully met.
Divorce is a very complicated issue, and it is influenced by many variables, such as:33
With all of these factors to consider, it is no wonder that people are concerned about how many marriages end in divorce and some are even looking to premarital background checks or marital background examinations to help avoid this outcome. Within the United States, the divorce rate has hovered around 50% for decades, though both marriage and divorce rates have been trending downward in recent years, with a 45% divorce rate in 2020, per the Centers for Disease Control and Prevention.33,38 The data also suggests that divorce rates for second and third marriages are increasing significantly.33
A 2016 publication by the U.S. Census Bureau breaks down the divorce rate according to sex, ethnicity, and age.36
The following table presents marriage and divorce statistics by state, along with relevant state marriage and divorce laws.
* Statistics for the year 2020. Rates are per 1000 of the state population. Published by the Centers for Disease Control and Prevention National Vital Statistics System.37
** Percentage calculated by comparing divorce and marriage rates. Note: This is not the percentage of married individuals who divorced in 2020. It is the percentage of the general population who divorced in 2020 divided by the percentage of the general population who married in the same year, which yields an approximation.
*** No official state divorce data was reported in the previous five years or more.
It may seem likely that there would exist a strong correlation between prenuptial agreements and divorce. However, the data is not available to support the claim in one direction or another. It is unclear whether getting a prenup increases, decreases, or has no effect on the rate of divorce.24
What is clear is that individuals believe there is a correlation between prenup and divorce. In fact, an early 2000s study found that more than 63% of individuals polled in the general population felt that a partner requesting a prenup was correlated with a higher likelihood of divorce.29
There are so many individual variables that must be considered, that it is nearly impossible to establish a direct correlation. However, considering that divorce is more common among couples at a lower income level, couples who regularly argue about finances, and couples who begin a marriage without any financial assets, one might speculate that marriages with prenups are less likely to end in divorce because individuals who get prenups are more likely to have a stable income and some financial assets.30,33
Many people believe that a man is more likely than a woman to request a prenuptial agreement. While there may be some truth to this, women can and should benefit from a prenup to the same extent. When drafting a premarital agreement, a woman should be sure that:26
However, trying to understand the reason behind the request for a prenup can help a hurt partner come to terms with a prenuptial agreement. Things to consider when a partner wants a prenup may include:9
Not every prenuptial agreement is without bumps in the road, and sometimes the process of drafting a premarital agreement causes more strain than a relationship can handle. If and when prenup negotiations appear to lead to a failed relationship, it may be a good time to query whether that relationship was built to last. Further, consider that financial questions will inevitably arise at some point in the marriage, so if terms cannot be agreed upon, it is better to recognize this before making a marriage commitment.9
Although one source indicates that 5% of divorced couples in the U.S. have a prenuptial agreement in place,7 data to support this number have not been found. Furthermore, the percentage of divorced couples with a prenuptial agreement is a separate statistic from marriages with prenups that end in divorce.
For anyone wondering how many marriages have prenups and still end in divorce, the unfortunate answer is that there isn’t enough data to determine that.
The divorce statistics in the United States have loomed over married couples for years, and more individuals are considering premarital agreements to avoid hefty divorce settlements.
This article explores the ins and outs of prenuptial agreements and answers the question, how many marriages have prenups, to help individuals make informed decisions for their own relationships.
In a 2003 study, over 60% of individuals indicated that they felt a marriage has a higher probability of ending in divorce if a partner requests a prenuptial agreement.29 It may be difficult not to feel hurt or offended by such a request.
Keep in mind that prenups are not for every couple, and a prenuptial agreement should only be signed when both parties feel their needs have been met in the contract.
The biggest factor to consider when examining the average length of marriage before divorce is whether it is a first or subsequent marriage. Sources indicate that first marriages last an average of eight years, while second marriages last approximately seven years.33
1Mejias, E. J. (2022). Florida Prenuptial Agreements Lawyer: Benefits, Limitations and Costs. AAA Family Law, LLC. Retrieved August 9, 2022, from <https://www.divorceattorneyorlando.us/florida-prenuptial-agreements-lawyer-benefits-limitations-and-costs>
2Alward Fisher. (2022). How Much Does a Prenup Cost in Michigan? AF Alward Fisher Attorneys at Law. Retrieved August 9, 2022, from <https://nmichlaw.com/faqs/how-much-does-a-prenup-cost-in-michigan/>
3Colgan & Associates, LLC. (2022). Everything You Need to Know About Prenuptial Agreements in Pennsylvania. The Law Offices of Colgan & Associates LLC. Retrieved August 9, 2022, from <https://www.cmlaw1.com/prenuptial-agreement-pa/>
4Contracts Counsel, Inc. (2021, August 23). Prenuptial Agreement Cost. Contracts Counsel. Retrieved August 9, 2022, from <https://www.contractscounsel.com/b/prenuptial-agreement-cost>
5Debele, G. A., & Rhode, S. C. (2018, January 4). Prenuptial Agreements in the US. IAFL International Academy of Family Lawyers. Retrieved August 9, 2022, from <https://www.iafl.com/media/1169/prenuptial_agreements_in_the_us.pdf>
6Electronic Forms LLC. (2022, August 7). Tennessee Prenuptial Agreement | Laws. eForms. Retrieved August 9, 2022, from <https://eforms.com/prenuptial-agreement/tn/>
7Gaille, B. (2017, May 20). 19 Interesting Prenuptial Agreement Statistics. Brandon Gaille Small Business & Marketing Advice. Retrieved August 9, 2022, from <https://brandongaille.com/18-interesting-prenuptial-agreement-statistics/>
8Guillen, L. (2022). 5 Prenuptial Pitfalls to Consider — Having One May be Bad for Your Marriage. Divorce Net. Retrieved August 9, 2022, from <https://www.divorcenet.com/states/nationwide/five_realities_about_prenuptial_agreements>
9Hekmat, R. (2021, February 11). Should I Be Offended By A Prenup? H. Retrieved August 9, 2022, from <https://hekmatfamilylaw.com/prenups/should-i-be-offended-by-a-prenup/>
10Hello Prenup, Inc. (2021, May 24). Prenups Are the New Life Insurance! Hello Prenup. Retrieved August 9, 2022, from <https://helloprenup.com/prenuptial-agreements/prenups-are-the-new-life-insurance/>
11Hello Prenup, Inc. (2021, September 26). How To Get a Prenup in California. Hello Prenup. Retrieved August 9, 2022, from <https://helloprenup.com/prenuptial-agreements/how-to-get-a-prenup-in-california/>
12The Law Office of James E. Crawford, Jr. & Associates, LLC. (2022). Maryland Legal Blog. JC Law. Retrieved August 9, 2022, from <https://www.jamescrawfordlaw.com/blog/>
13Justia. (2022). 2018 Arkansas Code Title 9 – Family Law Subtitle 2 – Domestic Relations Chapter 12 – Divorce and Annulment Subchapter 3 – Actions for Divorce or Alimony § 9-12-310. Waiting Period Before Rendition of Decree. Justia US Law. Retrieved August 9, 2022, from <https://law.justia.com/codes/arkansas/2018/title-9/subtitle-2/chapter-12/subchapter-3/section-9-12-310/>
14Justia. (2022). 2018 Georgia Code Title 19 – Domestic Relations Chapter 3 – Marriage Generally Article 3 – Antenuptial Agreements, Marriage Contracts, and Postnuptial Settlements § 19-3-62. Requirements and Construction of Antenuptial Agreements. Justia US Law. Retrieved August 9, 2022, from <https://law.justia.com/codes/georgia/2018/title-19/chapter-3/article-3/section-19-3-62/>
15Justia. (2022). 2011 Kansas Code Chapter 23. – Domestic Relations Article 8. – Uniform Premarital Agreement Act. Justia US Law. Retrieved August 9, 2022, from <https://law.justia.com/codes/kansas/2011/Chapter23/Article8>
16Justia. (2022). 2010 Arkansas Code Title 9 – Family Law Subtitle 2 – Domestic Relations Chapter 11 – Marriage Subchapter 4 – Arkansas Premarital Agreement Act. Justia US Law. Retrieved August 9, 2022, from <https://law.justia.com/codes/arkansas/2010/title-9/subtitle-2/chapter-11/subchapter-4/>
17Justia. (2022). 2005 California Family Code Sections 2310-2313 Chapter 2. Ground for Dissolution or Legal Separation. Justia US Law. Retrieved August 9, 2022, from <https://law.justia.com/codes/california/2005/fam/2310-2313.html>
18Kaminsky, M. (2022, May 2). The Big Dilemma: Saying “I Do” With a Prenup. Legal Zoom. Retrieved August 9, 2022, from <https://www.legalzoom.com/articles/the-big-dilemma-saying-i-do-with-a-prenup>
19Kansas Legislature. (2022, August 7). 2019 Statute. Kansas Legislature. Retrieved August 9, 2022, from <http://kslegislature.org/li_2020/b2019_20/statute/023_000_0000_chapter/023_027_0000_article/>
20Kilroy, A. (2020, November 11). How Much Does a Prenup Cost? Smart Asset. Retrieved August 9, 2022, from <https://smartasset.com/financial-advisor/how-much-does-a-prenup-cost>
21Fritsch, S. (2018, December 7). Prenuptial Agreement Statistics. Steven L. Fritsch Divorce and Family Law Attorney. Retrieved August 10, 2022, from <https://www.oceansidedivorcelawfirm.com/prenup/prenuptial-agreement-statistics/>
22Locus, H. L. (2018, September 23). Why Prenuptial and Postnuptial Agreements Lead To Stronger Marriages and Prevent Disastrous Divorces. Forbes. Retrieved August 10, 2022, from <https://www.forbes.com/sites/heatherlocus/2018/09/23/why-prenuptial-and-postnuptial-agreements-lead-to-stronger-marriages-and-prevent-disastrous-divorces/>
23Lone Star Advocate. (2015, October 8). Do You Need a Prenup? 3 Signs. Texas Legal Always by Your Side. Retrieved August 10, 2022, from <https://texaslegal.org/texaslegal-blog/do-you-need-a-prenup-3-signs>
24Marble Law. (2022). Are Couples With Prenups More Likely to Divorce? Marble. Retrieved August 10, 2022, from <https://blog.themarbleway.com/post/are-couples-with-prenups-more-likely-to-divorce>
25Messick, J. (2013, August 13). Should I Get a Prenuptial Agreement? JM The Law Office of Jennifer Messick. Retrieved August 10, 2022, from <https://messicklawoffice.com/should-i-get-a-prenuptial-agreement/>
26Mortgage Calculator. (2022). Prenuptial Agreements – Planning For the Future. Mortgage Calculator. Retrieved August 10, 2022, from <https://www.mortgagecalculator.org/helpful-advice/prenuptial-agreements.php>
27Rudder, P. E. (2022). Prenup Lawyer NYC. Paul E Rudder Esq. Divorce and Family Law Attorney. Retrieved August 10, 2022, from <https://www.divorcelawyersnyc.org/prenuptial-agreement/>
28Petrecca, L. (2012, May 16). Prenuptial Agreements: Unromantic, But Important. USA Today. Retrieved August 10, 2022, from <https://usatoday30.usatoday.com/money/perfi/basics/2010-03-08-prenups08_CV_N.htm>
29Potier, B. (2003, October 16). For Many, Prenups Seem to Predict Doom. The Harvard Gazette. Retrieved August 10, 2022, from <https://news.harvard.edu/gazette/story/2003/10/for-many-prenups-seem-to-predict-doom>
30Quora, Inc. (2011). Are Couples Who Enter Into a Prenuptial Agreement More Likely to Divorce? Quora. Retrieved August 10, 2022, from <https://www.quora.com/Are-couples-who-enter-into-a-prenuptial-agreement-more-likely-to-divorce>
31Rebecca. (2022, February 26). How Much Does a Prenup Cost in Washington State? Destincation Packwood. Retrieved August 10, 2022, from <https://destinationpackwood.com/how-much-does-a-prenup-cost-in-washington-state/>
32Wikipedia. (2020, June 25). Uniform Premarital Agreement Act. Wikipedia The Free Encyclopedia. Retrieved August 10, 2022, from <https://en.wikipedia.org/wiki/Uniform_Premarital_Agreement_Act>
33Wilkinson & Finkbeiner, LLP. (2022). Divorce Statistics: Over 115 Studies, Facts and Rates for 2022. WF Wilkinson & Finkbeiner. Retrieved August 10, 2022, from <https://www.wf-lawyers.com/divorce-statistics-and-facts/>
34Wolfe & Houlehan PLLC. (2016). Premarital Agreement (Prenup). W&H Wolfe & Houleman Attorneys at Law. Retrieved August 10, 2022, from <https://lexingtonkylawfirm.com/legal-services/family-law/family-law-agreements/premarital-agreement/>
35Cornell University. (2021, November). Uniform Premarital Agreement Act. Cornell Law School. Retrieved August 9, 2022, from <https://www.law.cornell.edu/wex/uniform_premarital_agreement_act>
36Mayol-García, Y., Gurrentz, B., & Kreider, R. M. (2021, April). Number, Timing, and Duration of Marriages and Divorces: 2016. In Current Population Reports. United States Census Bureau. Retrieved August 9, 2022, from <https://www.census.gov/content/dam/Census/library/publications/2021/demo/p70-167.pdf>
37U.S. Department of Health & Human Services. (2022, February 7). Marriages and Divorces. CDC Centers for Disease Control and Prevention. Retrieved August 9, 2022, from <https://www.cdc.gov/nchs/nvss/marriage-divorce.htm>
38U.S. Department of Health & Human Services. (2022, February 7). Provisional Number of Marriages and Marriage Rate: United States, 2000-2020. CDC Centers for Disease Control and Prevention. Retrieved August 9, 2022, from <https://www.cdc.gov/nchs/data/dvs/national-marriage-divorce-rates-00-20.pdf>
39Fritsch, S. (2018, December 7). Prenuptial Agreement Statistics. Steven L. Fritsch Divorce and Family Law Attorney. Retrieved September 6, 2022, from <https://www.oceansidedivorcelawfirm.com/prenup/prenuptial-agreement-statistics/>
40Orshan, Spann, & Fernandez-Mesa. (2021, November 9). Why More Young People Are Getting Prenuptial Agreements. Orshan, Spann & Fernandez-Mesa Family Law Attorneys. Retrieved September 6, 2022, from <https://www.orshanlaw.com/blog/2021/november/why-more-young-people-are-getting-prenuptial-agr/>
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