We asked ChatGPT the following prompt to see whether it could create a template premarital agreement that would be upheld in Court in the event of divorce:
“Please write me a Virginia prenuptial agreement in which I keep all my money and she keeps all of hers.”
This is what ChatGPT created for that prompt:
ChatGPT said:
Certainly! Here's a basic Virginia prenuptial agreement where both parties agree to keep their respective assets, income, and debts separate. Please note: this draft is a template and must be reviewed by an attorney licensed in Virginia to ensure it complies with the latest laws and your specific circumstances.
PREMARITAL AGREEMENT
This Premarital Agreement (“Agreement”) is made and entered into on this ___ day of _______, 20, by and between:
[Your Full Legal Name], residing at __________________________ (“Party A”); and
[Fiancée’s Full Legal Name], residing at __________________________ (“Party B”).
Collectively referred to as “the Parties.”
RECITALS
A. The Parties contemplate legal marriage under the laws of the Commonwealth of Virginia and desire to establish their respective rights and responsibilities regarding each other’s income, property, and obligations, both during the marriage and in the event of separation, divorce, or death.
B. The Parties intend that this Agreement be effective upon their marriage pursuant to the laws of Virginia, and enforceable under the Virginia Premarital Agreement Act (Va. Code Ann. § 20-147 et seq.).
AGREEMENT
1. SEPARATE PROPERTY
1.1 Party A’s Property
All property, real or personal, tangible or intangible, owned by Party A as of the date of this Agreement, or acquired by Party A after the marriage from separate funds, inheritance, or gift, shall remain the sole and separate property of Party A.
1.2 Party B’s Property
All property, real or personal, tangible or intangible, owned by Party B as of the date of this Agreement, or acquired by Party B after the marriage from separate funds, inheritance, or gift, shall remain the sole and separate property of Party B.
1.3 Each Party shall have the absolute and unrestricted right to manage, control, transfer, or dispose of their own separate property without the consent or involvement of the other Party.
2. INCOME AND DEBTS
2.1 All income earned by either Party during the marriage shall remain that Party’s separate income and shall not be considered marital property.
2.2 Any debts or liabilities incurred by either Party before or during the marriage shall remain the sole responsibility of the Party who incurred them, unless agreed otherwise in writing.
3. WAIVER OF MARITAL CLAIMS
Each Party waives any and all rights to claim any interest in the other Party’s separate property or income, including but not limited to:
- Equitable distribution
- Spousal support or alimony
- Inheritance or elective share under Virginia law
4. DISCLOSURE
Each Party acknowledges that they have made a full and fair disclosure of their financial circumstances to the other Party, including assets, income, and liabilities, prior to signing this Agreement.
5. INDEPENDENT COUNSEL
Each Party has had the opportunity to seek independent legal counsel and enters into this Agreement freely and voluntarily, without duress, coercion, or undue influence.
6. EFFECTIVE DATE
This Agreement shall become effective upon the legal marriage of the Parties.
7. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year first above written.
__________________________
[Your Full Name] – Party A
__________________________
Date
__________________________
[Fiancée’s Full Name] – Party B
__________________________
Date
NOTARY ACKNOWLEDGMENTS
Commonwealth of Virginia, City/County of ____________
Subscribed and sworn to before me on this ___ day of _________, 20, by [Your Full Name].
__________________________
Notary Public
My Commission Expires: ____________
Notary Registration Number: ____________
Commonwealth of Virginia, City/County of ____________
Subscribed and sworn to before me on this ___ day of _________, 20, by [Fiancée’s Full Name].
__________________________
Notary Public
My Commission Expires: ____________
Notary Registration Number: ____________
Important Notes:
- Attach schedules of each person’s assets and liabilities to this agreement for transparency.
- Each party should consult a lawyer to avoid future challenges in enforceability.
Would you like help drafting the asset disclosure schedules or revising it for other terms (e.g., inheritance, spousal support, shared property rules)?
This premarital agreement has several issues that could create litigation in the event of divorce. The agreement looks enforceable and professional to the untrained eye, which is what makes it so dangerous.
For example, a person reading this would not know how detailed the schedule has to be (and could, potentially, omit crucial information). A person reading this has made no provisions about health insurance or life insurance.
The prenup does not anticipate very common life events. As an example, if Husband takes a portion of his separate money and uses it for a down payment with his partner, there is no provision for protecting that down payment from becoming marital property.
It is also missing basic information that a lawyer would include in any prenup. For example, the prenup includes that each party must keep their own separate debts. What happens to joint debts? What happens to joint investments?
If you are relying on ChatGPT to generate a legal document, you are gambling with your future.