Prenuptial Agreement Lawyers: Do You Need One?
by
Shae Irving, J.D. &
Katherine E. Stoner, Attorney-Mediator
When making a premarital agreement, it's best for each party to get a lawyer.
If you want to end up with a clear and binding premarital agreement (also called a prenuptial agreement or "prenup"), you should get help from a good lawyer. In fact, you will need two lawyers -- one for each of you. But before your lawyers start drafting the prenup, you and your loved one should decide on the essential terms of the agreement. (To decide if you want or need a prenup, read Nolo's article Is a Prenuptial Agreement Right for You?)
Why You Need Help From Lawyers
There are good reasons why seeking legal advice when making a prenup is advantageous. In fact, each party to the prenup should get help from a different lawyer. Here's why.
Varying State Laws
The laws governing marriage contracts vary tremendously from state to state. You can certainly do some of your own research to find out general information on your state's laws relating to prenups. (Nolo's book, Prenuptial Agreements: How to Write a Fair & Lasting Contract, by Attorney-Mediator Katherine E. Stoner and Shae Irving, J.D., can get you started; it provides information about each state's laws, plus legal research tips.)
But, if you don't want to invest your time learning the ins and outs of your state's matrimonial laws, a lawyer who knows the intricacies of those laws will be an important resource. The lawyer can help you put together an agreement that meets state requirements and says what you want it to say.
Independent Legal Advice
This explains the desirability of having one lawyer, but why two? Prenuptial agreements are still scrutinized by the courts, sometimes very closely. If you want your agreement to pass muster, having independent lawyers advise each of you can be critical. While most courts don't require that each party to a prenup have a lawyer, the absence of separate independent advice for each party is always a red flag to a judge.
On a practical note, having separate legal advisers can help you and your fiancé craft a lasting agreement that you both understand and that doesn't leave either of you feeling that you've been taken advantage of.
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