If prenups are just regular contracts, why should you not save a few bucks and get AI to help you with your prenup?
1) You could end up paying your spouse vastly more in spousal support and asset division if you let ChatGPT dictate “normal terms” for a prenup. For example, ChatGPT issued a prenup that stated that the Husband would pay the Wife $1,000 a month for ten years after the date of separation. However, there was no date or temporal limitation-whether the marriage lasted 10 minutes or 10 years, Husband would have been on the hook for paying the amount.
2) ChatGPT does not differentiate well among state laws. When you ask ChatGPT to draft a Virginia or DC prenup, it is pulling from thousands of drafts from other states and even other countries. Your prenup may include unenforceable terms that could nullify the entire contract.
3) ChatGPT does not follow up-to-date case law—and is not capable of taking into accountfavored and unfavored terms, and how to draft in such a way that a court is more likely to enforce the agreement. Relatedly, ChatGPT does not have the capability of determining whether accurate case law has been overturned (i.e., case law that was solid in 2014 may not be that solid in 2025).
4) ChatGPT hallucinates made-up case law. There is no way to weed out nonsense unless you physically look up each case and review for accuracy.