Prenuptial agreement questions answered.

How long does it take to build a prenup draft?

Most people finish in 20 to 30 minutes. The tool walks you through each section one question at a time. You can go back and change any answer before generating your final draft. There is no time limit and nothing is saved to our servers, so do not close the browser tab until you are done.

Does the prenup have to be done before the proxy marriage?

Yes. A prenuptial agreement must be signed and notarized by both parties before the wedding ceremony. It cannot be created after you are legally married. This rule applies to all marriages, including Montana proxy marriages. Complete your prenup first, then schedule your ceremony.

Does my partner have to be present to use the tool?

No. One person can complete the entire questionnaire on behalf of both parties. Your partner will need to review the draft and sign the final notarized document, but they do not need to be present or online while you build the draft.

Can I go back and change my answers?

Yes. Every section has a back button and a start over option. At the end of each section you see a plain English summary of your choices before moving on. You can review and change anything before generating your final draft.

What happens after I generate my prenup draft?

Your draft opens in a new browser tab as a clean printable document. Save it as a PDF or print it from your phone or computer. Take it to a licensed attorney or JAG lawyer for review. Once both parties are happy with it, sign and notarize it before your proxy marriage ceremony.

Is my information stored on your servers?

No. Everything you enter stays on your device. We do not store, log, or transmit your personal information at any point during the process. When you generate your draft it opens in your browser and is never sent to our servers. When you close the tab, the data is gone.

Can we change the prenup after we are married?

Yes, but only through a written postnuptial agreement signed by both parties and notarized. You cannot change a prenup verbally or informally after the wedding. If changes are needed, work with a licensed attorney to create a proper postnuptial agreement.

Is the prenup tool free to use?

Yes. The prenup builder is completely free. There is no account, no subscription, and no payment required to generate your draft. The only costs you will have are attorney review fees and notarization, which are separate from this tool.

Does the military prenup tool cover BAH and OHA? Military

Yes. The military tool has a full section covering military-specific provisions. It addresses Basic Allowance for Housing, Overseas Housing Allowance, Basic Allowance for Subsistence, and Cost of Living Allowance. You choose how each allowance is treated during the marriage and in the event of divorce.

What military-specific topics does the tool cover? Military

Section 5 of the military prenup tool covers:

• Military retirement pay and the Uniformed Services Former Spouses Protection Act (USFSPA)
• Survivor Benefit Plan (SBP) election intent
• Thrift Savings Plan (TSP) contributions made before and during the marriage
• Security clearance and career protection provisions
• Financial management during deployment
• PCS move acknowledgment and career sacrifice considerations
• Servicemembers Civil Relief Act (SCRA) acknowledgment

None of these are covered in a standard civilian prenup tool.

Can I use this tool if I am not using a proxy marriage service? Military

Yes. Military members can use the military prenup tool regardless of their wedding type. If you are not using a proxy marriage service, you will be asked what state your wedding will take place in. That state becomes the governing law for your prenup. All military-specific provisions still apply.

Can a JAG lawyer review our prenup draft for free? Military

Yes. Active duty military members can have their prenup draft reviewed by a JAG lawyer at their base legal assistance office at no cost. Bring your printed draft and ask for a legal assistance appointment. Some bases allow walk-ins, others require scheduling. Morning slots fill up fastest.

Does a prenup affect my military benefits? Military

No. A prenup addresses financial rights between spouses. It does not affect your eligibility for TRICARE, BAH, DEERS enrollment, commissary access, or any other military benefit. Those are based on your marital and dependency status. Your prenup should however address how military assets like TSP and retirement pay are divided if the marriage ends.

What is USFSPA and how does it affect my prenup? Military

USFSPA stands for the Uniformed Services Former Spouses Protection Act. It allows state courts to divide military retirement pay as marital property when a marriage ends. Without a prenup, a court could award a portion of your retirement pay to your former spouse. Your prenup lets you agree in advance on how military retirement pay is handled, whether the spouse receives no share, a prorated share, or an equal share.

What is the Survivor Benefit Plan and should it be in my prenup? Military

The SBP is a life insurance program for military retirees. It pays a monthly benefit to a surviving spouse after the retiree passes away. The formal election happens at retirement but your prenup can express your intent now. If you do not plan to serve 20 years, the SBP section can be marked as not applicable.

Can I complete the prenup tool while deployed overseas? Military

Yes. The entire tool runs in your browser on any device with internet access. You can use it from anywhere in the world. Your partner can also complete their portion from wherever they are. No downloads, no accounts, no special software required.

How do both parties sign if they are in different locations?

Both parties do not need to sign at the same time or in the same place. Each person signs their portion in front of a notary separately. The notarized signatures are then combined into the final prenup document. This is common for military couples and international couples.

What is Proof.com and how does it work for prenup notarization?

Proof.com is a remote online notarization platform. Both parties connect with a certified notary by video call, show their ID, and sign digitally. The notary witnesses the signing and applies a digital notarial seal. It is fully legal, fast, and works from any device. Both parties need a US address and government-issued ID for the standard process.

My partner is a foreign national overseas. How do they get the prenup notarized? Military

Your partner has two options. They can visit the nearest US Embassy or Consulate, which provides notary services for documents used in the United States. Or they can visit their home country's embassy or consulate in whatever country they are currently located. Allow two to five business days and make an appointment in advance.

Can I get my prenup notarized at my base JAG office if I am stationed overseas? Military

Yes. Most US military installations overseas have a legal assistance office that provides free notary services to active duty members. This is usually the fastest and easiest option. Call ahead to confirm hours and whether an appointment is needed.

Does the notarization have to happen in Montana?

No. The prenup does not need to be notarized in Montana. Each party can sign and notarize in whatever location they are in. The completed prenup is then ready for use in connection with your Montana proxy marriage regardless of where the signatures were notarized.

What ID is needed for notarization?

A valid government-issued photo ID is required. This can be a passport, military ID, state driver's license, or national ID card. The notary must be able to verify your identity. Expired IDs are not accepted. If using Proof.com, your ID must match the name on the prenup document.

Is the prenup draft from this tool a legal document?

Not on its own. The draft is a starting point for attorney review. It becomes a legally binding document only after a licensed attorney or JAG lawyer reviews it, both parties approve and sign it, and a notary witnesses the signatures. Do not sign anything without attorney review first.

What law governs my prenup?

For couples using a Montana proxy marriage service, the prenup is governed by Montana law because the ceremony takes place in Montana. Active duty military members not using a proxy marriage service choose the state where their wedding will take place. That state's law governs the prenup.

What if we later move to another state?

Your prenup stays governed by the state law chosen when it was signed. Most states recognize valid prenups from other states. However, some states have their own rules about prenup enforceability. If you move after getting married, ask a licensed attorney in your new state whether any adjustments are needed.

Does my partner need their own attorney? Montana

It is strongly recommended. Both parties having independent legal review strengthens the enforceability of the prenup. A court is less likely to throw out a prenup when both parties had the chance to have it reviewed by their own attorney. It also protects both of you from a future claim that one party did not understand what they were signing.

Can a prenup be thrown out by a court?

Yes. Courts can refuse to enforce a prenup if it was signed under duress, if one party did not fully disclose their assets, if the terms are extremely unfair, or if the required signing formalities were not followed. This is why attorney review and proper notarization matter. A well-prepared prenup signed correctly is very hard to challenge.

Can a prenup address child custody or child support?

No. No prenup in any state can predetermine child custody or child support. Courts always decide those based on the best interests of the child at the time of the divorce, regardless of what the prenup says. The prenup can address financial provisions for existing children from prior relationships, but not custody arrangements for future children.

How do I add my spouse to DEERS after the proxy marriage? Military

Bring your certified marriage certificate and your spouse's government-issued photo ID to your nearest ID card office or RAPIDS site. DEERS enrollment gives your spouse access to TRICARE, a military ID card, and on-base facilities. Do this as soon as possible after the ceremony.

Does my BAH change right away after getting married? Military

Your BAH updates once your spouse is enrolled in DEERS and your dependency status is updated with your finance office. It typically adjusts within one to two pay periods after the paperwork is submitted. Submit it immediately. Do not wait.

Does my spouse get TRICARE coverage automatically after the wedding? Military

No. TRICARE coverage begins after your spouse is enrolled in DEERS. It is not automatic on the wedding date. Enroll your spouse in DEERS as soon as you have your marriage certificate. Coverage typically takes effect within a few days of enrollment.

What records do I need to update after the proxy marriage? Military

After your proxy marriage, update the following as quickly as possible: DEERS enrollment, military ID card for your spouse, dependency status with finance for BAH or OHA, SGLI beneficiary, TSP beneficiary at tsp.gov, and your will if you have one. Your JAG office can help with the will.

Do I need to update my prenup after the wedding?

The prenup itself does not need updating. It was signed before the wedding and stays in effect as written. What you should update after the wedding are your estate documents: will, SGLI beneficiary, TSP beneficiary, life insurance policies, and any retirement account beneficiary designations. Your prenup should have an estate planning provision that reminds you to do this.

How many certified copies of the marriage certificate should I order? Military

Order at least three certified copies from your proxy marriage service. You will need one for DEERS enrollment, one for any name change process, and one to keep at home. If your spouse is a foreign national, immigration paperwork may require additional certified copies. Order extra at the time of the ceremony rather than paying to order more later.

How much does the prenup builder cost?

The prenup builder is completely free. There is no account required, no subscription, and no charge to generate your draft. The only costs you will have are attorney or JAG review fees and notarization costs.

How much does attorney review cost?

For active duty military, JAG review is free. For Montana residents and civilians, attorney fees vary. Most Montana family law attorneys charge between $150 and $350 per hour. A prenup review typically takes one to two hours. Some attorneys offer flat fee prenup review services. Contact a licensed attorney in your state for current rates.

How much does Proof.com notarization cost?

Proof.com charges a fee per notarization session. Pricing varies depending on the service level and document type. Visit proof.com directly for current pricing. For active duty members overseas, base JAG offices provide notary services at no cost.

How much does a Montana proxy marriage cost?

Montana proxy marriage services generally charge between $550 and $800 depending on the provider, processing speed, and any additional services. This typically covers the ceremony coordination, proxy representatives, filing, and the marriage certificate. Rush processing and additional certified copies may cost extra.

How long does the whole process take from start to finish?

A realistic timeline for most couples:

• Prenup draft: 20 to 30 minutes
• Attorney or JAG review: same day to one week
• Notarization: same day with Proof.com, one to five days at a JAG office or embassy
• Montana proxy marriage ceremony: depends on the service provider, typically a few days to two weeks after documents are submitted

Rush processing is usually available from proxy marriage services for urgent situations like deployment orders or PCS moves.

Who can use the military prenup tool?

Any active duty member of the US military can use the military prenup tool. This includes all branches: Army, Navy, Marine Corps, Air Force, Space Force, and Coast Guard. You do not need to be planning a proxy marriage. Active duty members getting married in any state can use the tool.

Who can use the Montana prenup tool? Montana

Montana residents who are planning a Montana proxy marriage can use the Montana prenup tool. Only one party needs to be a Montana resident. Your partner can be from any state or any country. You must be planning to use a Montana proxy marriage service.

Can I use this tool if I was previously married?

Yes. The tool includes a section for each party to disclose prior marriages. If you or your partner were previously married, you will need a certified copy of your divorce decree or your former spouse's death certificate before the proxy marriage can proceed. The prenup tool itself does not require this documentation.

Can my partner be in another country?

Yes. Your partner can be located anywhere in the world. The prenup tool will route you to the right notarization path based on where your partner currently lives and whether they are a US citizen or foreign national.

Is there an age requirement?

Both parties must be 18 or older to use this tool. The tool checks dates of birth and will not allow anyone under 18 to proceed. This matches the legal requirement for entering into a prenuptial agreement in Montana and in most US states.

What is a Montana double proxy marriage?

A double proxy marriage is a legal wedding ceremony where neither party needs to be present. Both the bride and groom are represented by stand-in proxies. Montana is the only US state that allows double proxy marriages. The resulting marriage certificate is a valid legal document recognized across the United States.

Is a Montana proxy marriage legally recognized in all 50 states?

Yes. Under the Full Faith and Credit Clause of the US Constitution, all states must recognize valid marriages from other states. A Montana marriage certificate is a legal government document accepted for all federal purposes including military benefits, Social Security, and immigration.

Do either of us need to travel to Montana?

No. Neither party needs to travel to Montana or be present at the ceremony. The ceremony is performed by proxy representatives in Montana. Both parties can be anywhere in the world. This is what makes it ideal for deployed military members and international couples.

Can a Montana proxy marriage be used for immigration purposes?

USCIS generally accepts a valid Montana marriage certificate for spousal visa petitions. However, proxy marriages receive additional scrutiny and you will need to provide evidence the marriage is genuine. Consult an immigration attorney before relying on a proxy marriage for immigration purposes.

How long does a Montana proxy marriage take?

Most providers complete the ceremony within a few days to two weeks after all documents are submitted. Rush processing is usually available for urgent situations like deployment orders or PCS moves. Contact your proxy marriage service directly for their current timeline.

Where can I learn more about Montana proxy marriages?

Our double proxy marriage guide covers everything you need to know. It answers the 16 most common questions including legal recognition, military benefits, documents required, immigration use, and typical costs.