Many people have an idea of what a prenuptial agreement is. But when it comes to creating one, you may not know where to begin. This is where a prenup lawyer can come into play.
A prenuptial agreement, commonly referred to as a prenup, governs how you and your spouse will divide property and make other financial decisions in the event of a divorce. Because a prenup is a legal contract, it’s crucial that you meet certain requirements to make it effective.
In many situations, hiring an attorney is one of the best ways to ensure that your prenuptial agreement is effective, valid and enforceable. That said, working with an attorney may not be right for everyone.
Use this guide to learn more about the pros and cons of working with a prenup lawyer, the cost of hiring one and tips on how to select one for your case.
Do you need a lawyer for a prenup?
Typically, there’s no legal requirement that either party involved in creating a prenup be represented by legal counsel. Nevertheless, this doesn’t mean that you shouldn’t hire one.
When to strongly consider hiring a prenup lawyer
Hiring an attorney for your prenup may be especially advantageous in certain scenarios, such as when:
- Complex financial situations are involved, such as when one or both partners have significant assets, debts, family wealth, business interests or inheritance rights
- Your partner is already represented by an attorney and you want independent legal counsel
- You have questions about your legal rights and responsibilities
- You’re unfamiliar with your local state law governing the requirements for creating a valid and enforceable prenuptial agreement
Pros and cons of hiring a prenup lawyer
There are many situations in which using an attorney to create your prenuptial agreement may benefit you. At the same time, there are certain disadvantages.
Advantages of a prenup lawyer
The benefits of hiring an attorney to help draft your prenup may include:
- Legal knowledge: A lawyer who’s experienced in family law matters and regularly drafts prenuptial agreements will have legal knowledge and experience that otherwise wouldn’t be available to you.
- Efficiency: Working with an experienced prenup attorney may lead to a quicker result.
- State law compliance: Because prenup laws and requirements vary from state to state, having an attorney assist with your agreement may help you ensure that your prenup complies with local regulations.
- Objectivity: An attorney can provide objective legal advice and recommendations that aren’t clouded by emotions or other factors that may affect you when discussing matters directly with a romantic partner.
- Stress reduction and peace of mind: An experienced legal professional can take the weight and stress off your shoulders and provide you with peace of mind that your document is legally sound.
Disadvantages of a prenup lawyer
On the other hand, possible downsides of hiring a prenup lawyer may include:
- Cost: Hiring a lawyer may become expensive depending on certain factors, such as the complexity of the agreement and the amount of time required to draft it.
- Added tension: In certain cases, one party may see an attorney’s involvement as threatening or intimidating, which can potentially lead to increased strain between the couple moving forward.
- Privacy concerns: Because a prenup generally requires a full financial disclosure by both parties, some couples may be hesitant to involve a third party. Keep in mind, information disclosed to lawyers as part of their legal representation is typically protected by privilege.
How much does a prenup lawyer cost?
The cost of hiring a lawyer for a prenuptial agreement varies depending on certain factors, including:
- The complexity of your finances, legal needs and overall situation
- The background and experience of the attorney you choose to work with
- Whether and to what extent negotiations with your partner are necessary
- The scope of services the lawyer will provide, such as advice and consultation only, drafting services only or drafting and negotiations through finalization and signature
- The particular jurisdiction where you live
- Whether your partner is also represented by legal counsel
Note that while many attorneys charge hourly rates (often in the hundreds), some may offer more flexibility on pricing, such as flat fees or payment arrangements. So if you’re hesitant to hire an attorney solely due to the potential cost, it may be worth speaking with someone to discuss their rates before making a decision.
Tips on finding a prenuptial agreement lawyer
When selecting the right attorney to help you draft and negotiate your prenuptial agreement, you might want to consider the following:
- Look for someone who primarily practices family law and who has experience drafting prenuptial agreements in your state.
- Seek referrals from friends, family and colleagues who may have used a family law attorney in the past.
- Check online reviews and testimonials from past clients for an assessment of that attorney’s quality of services and work product.
- Ask about the lawyer’s fee structure and payment options upfront.
- Select someone who not only has legal experience but whom you trust and feel comfortable working with on an agreement that frequently includes personal, financial and potentially sensitive information.
- Take advantage of any free initial consultation as an opportunity to discuss your needs, assess the attorney’s knowledge and evaluate whether they’ll be a good fit for you.
Of course, each person is different and has varying needs and goals. Ultimately, trust your instincts in selecting a prenup attorney who will be a good fit for you.
When to speak with an attorney
A prenuptial agreement can be a great way to protect your future rights and interests in the event you and your partner later decide to end your marriage. However, your prenup can only protect you if it’s carefully drafted in accordance with the requirements of your state.
Often, one of the best ways to ensure legal compliance is to work with an experienced family law attorney to draft your prenup. If you’re unsure where to begin or what to include in your agreement, consider speaking with a prenup lawyer in your state to discuss your needs and options moving forward.
Sofie is a writer. She lives in Brooklyn.
