Hiring a Prenuptial Agreement Attorney

Creating a prenup can be a challenging task on many levels, from financial to emotional, but hiring an attorney with experience writing them can ease much of the strain. To help prepare you for what to expect from your prenup attorney, we’ll explain the prenup creation process, a marriage lawyer’s responsibilities, and what qualities to look for when choosing legal help.

What is a prenuptial agreement?

Put simply, a prenuptial agreement is a legal contract between soon-to-be-spouses that outlines their financial future and obligations to one another. While many couples believe that a prenup only covers what happens after a divorce, such as with alimony, prenuptial agreements can clarify certain expectations for the marriage as well.

What does a prenuptial agreement attorney do?

Once you find and hire the right attorney, they'll help you through every step of negotiating, writing, and potentially enforcing a prenup. Typically, those services include:

Legal counseling

Prenuptial agreements can be customized to fit a couple's specific needs and goals, but knowing which clauses to include and which to avoid can be a struggle.

An experienced prenup attorney will guide you through that process and help you decide which provisions to include, such as how spousal support should be handled or how to provide for children from previous relationships.

Financial disclosure

Part of creating any valid prenup is a process known as "full and fair disclosure." This is when a couple sits down and shares the details of any debts, assets, inheritances, or other financial information that could impact the marriage.

Without full financial disclosure, a prenup may be considered invalid by a court, so getting the process right is a key responsibility for family law attorneys.

Negotiation and property division

The bulk of any prenup is deciding which assets should be considered marital property, which should remain separate property, and how assets should be divided overall. Regardless of how you decide to navigate this process, it's important that the final terms are fair and just for both parties.

In situations where a prenup disproportionately favors one spouse over the other, a divorce court may find the agreement to be invalid. Even when property division is fair, however, the negotiation process can become emotionally charged or tense, so having an experienced attorney on hand can help defuse any potential frustrations.

Drafting and reviewing

After you and your partner have agreed on what to include in your prenup and how to divide assets in case of divorce, it's time to solidify your choices in writing. Unless you opt to write your own prenup, this is something your attorney will do for you.

Done correctly, your prenup will contain clear, legally enforceable language that is fair to both parties and will hold up in court. If any reviews, edits, or additions are needed, your attorney can revisit the document and make those adjustments later.

Representation

As a blanket rule, couples should have independent attorneys for the prenup process. That way, you and your future spouse can be comfortable knowing that your interests are being fairly represented—without any conflicts of interest.

Even after your prenup has been written, signed, and notarized, you may need to consult with your attorney later to make updates or negotiate new terms. That's why, for many people, a good relationship with a talented family lawyer can prove invaluable for years to come.

Why should you hire a prenuptial agreement attorney?

Beyond the delicate nature of raising the subject with your partner, premarital agreements are also highly complex legal documents—especially for couples with significant debt or assets. Because of that complexity, hiring an experienced prenuptial agreement lawyer offers several benefits, such as:

Legal expertise and advice

Prenuptial agreement attorneys offer legal expertise and advice to navigate the complexities of family law. Professional guidance is crucial to ensure the agreement is legally binding and enforceable, protecting your interests in the event of a divorce or dispute.

Customization

Prenuptial agreements are highly flexible documents that can cover a range of different topics, but only when properly written. By hiring an experienced prenup attorney, you can tailor your agreement to your and your partner's individual needs.

For couples that have complicated finances, pre-existing debts, dependents, or own businesses, this kind of customization is key to building a comprehensive prenup.

Enforceability and best practices

Even in the most agreeable separations, divorce court is bound to bring up conflict and legal challenges. Hiring the right prenup attorney can address those challenges before they appear by creating a clear, comprehensive, and enforceable agreement.

Specifically, your attorney will ensure that your prenup complies with state and federal laws, meets timeline and execution requirements, and only contains legal, valid provisions.

Peace of mind

One of the biggest issues with writing your own prenup is that you often don't know if it'll hold up in court until it's too late. By trusting a lawyer with the process instead, you can be far more confident that your interests are protected and that you haven't overlooked or misrepresented anything.

What to look for in a prenup attorney

All good attorneys share certain qualities, such as professionalism and attention to detail, but there are a few traits that are especially important when creating a prenuptial agreement.

Excellent credentials

When looking for a marriage and divorce lawyer, make sure that they have a juris doctor (J.D.) from an accredited law school, ideally with training and certifications related to prenuptial agreements. Also, make sure that any lawyer you choose is licensed in the state with which you'll file your prenup.

Specialization in family or prenup law

While any lawyer can technically help write your prenuptial agreement, it's always better to choose one who specializes in family or marriage law. Prenups can quickly become complicated, and complying with the nuances of state law is crucial for making sure that your agreement holds up in divorce court.

Communication skills

Strong communication skills are a must for most attorneys—but especially so when dealing with something as delicate as creating a prenup. Not only can a highly communicative lawyer defuse potential conflict when deciding on terms, but they can also make sure that both partners' interests are completely addressed in the final document.

Balanced approach

Even though couples should find separate attorneys when negotiating a prenup, it's important to find a lawyer who approaches the process with fairness in mind. Remember that creating a prenup shouldn't be a contest or battle between you and your future spouse; instead, it should be a collaboration to help clarify your financial future.

Also, keep in mind that a poorly written agreement may be deemed unfair or unjust by a divorce court, so using a balanced approach during negotiations can pay off in the long run.

How to find a prenuptial agreement attorney

Good legal representation is invaluable for both drafting and enforcing a prenuptial agreement. Here are some ways to find the right lawyer for your situation.

Ask for referrals

When shopping around for the right lawyer, it's common to ask for referrals from friends and family members about who to trust—especially if they've gotten a prenup themselves.

One of the most valuable referrals, however, comes from other lawyers. If you've worked with a lawyer you trust for some other reason, such as for your finances or estate planning, consider asking them to suggest a family law attorney. Sometimes, you'll even be able to find another lawyer in the same law firm as the one with which you already work.

Check local organizations

The legal profession is all about networking, which is why most states have an active legal community and organizations to help you search for a lawyer. Consider checking in with your state or local bar association for more directions.

Often, these organizations will be able to suggest specific attorneys or law firms that specialize in family and marital law.

Browse attorney directories

In recent years, more and more attorneys have turned to online directories to help connect with potential clients. LegalZoom’s attorney directory, for example, includes each lawyer's area of practice, biography, qualifications, and even real reviews from past clients.

FAQs

Do we need separate prenuptial agreement lawyers?

When drafting a premarital agreement, it's always better to have separate legal representation for each partner. Not only does this ensure fairness throughout the process, but having independent legal counsel also reduces the risk that your prenup will be overturned in court.

Should I hire a prenup attorney?

Even if you completely trust your future spouse, a prenuptial agreement is one of the best ways to ensure that the two of you are on even ground about your finances and expectations for the marriage. And, because a prenup is a legally binding contract, it's always wise to consult a qualified lawyer to help guide you through the process.

How much does a prenuptial agreement cost?

The cost of legal services always depends on the specifics of your circumstances, but most prenups will generally cost around $8,000. Still, that price rises or falls depending on the complexity of the agreement, the couple's financial assets, and any extra provisions you want added.

Can I draft my own prenuptial agreement?

For extremely simple prenups, it may be possible for a couple to draft their own agreement and have it notarized. With couples who have more complicated circumstances, such as children from a prior marriage or sizable assets, a qualified attorney should be used to ensure the document holds up in court.

Do prenups protect joint bank accounts?

Prenups can absolutely protect joint bank accounts, but only when such provisions are clarified in the agreement. A couple, for example, may agree to divide any money in a joint bank account 50-50 regardless of who deposited that money in the first place.