Do You Need a Prenuptial Agreement Lawyer?

Few couples enter a marriage expecting it to end in divorce, but an increasing number are preparing for the possibility. According to a survey conducted by Harris Poll in 2023, one in five married couples have a prenup. Younger Americans in particular are utilizing prenuptial agreements—41% of Gen Z couples surveyed said they had a prenup, as did 47% of millennials.

Although prenups were long thought of as agreements that benefit the wealthy, more people from all backgrounds are using them to clearly define financial expectations, protect their assets, and shield themselves from their partners' debts.

While not every couple needs a prenup, understanding when and how to seek legal help can provide peace of mind and prevent costly court disputes down the road.

What Is a Prenuptial Agreement?

A prenuptial agreement (also called a "premarital agreement") is a legally binding contract entered into by a couple before they get married. The agreement details how the couple's assets, debts, and property will be handled during the marriage and in the event of a divorce. Some prenups also specify what will happen if one spouse dies during the marriage, such as guaranteeing or waiving a spouse's right to inherit.

Prenuptial agreements essentially allow couples to opt out of the default divorce laws in their state and decide for themselves how to handle financial issues in the event of a potential divorce, such as how to split retirement accounts and whether either spouse will pay alimony (spousal support).

The foundation of a valid prenuptial agreement is a comprehensive, written inventory of each individual's property and debts to ensure everyone is aware of and in agreement about what will be shared during and after the marriage.

What Does a Prenuptial Lawyer Do?

Prenuptial agreement lawyers work with couples to create, review, and finalize prenuptial agreements before marriage. They often handle other family law matters too, like divorces, legal separations, and adoptions.

A competent prenup lawyer will:

• Draft the agreement. Prenup lawyers specialize in drafting clear, legally enforceable agreements that do exactly what their clients want them to do.
• Provide legal advice. A lawyer will learn about your relationship and financial circumstances, explain how the law applies to your situation, and walk you through your options.
• Review and negotiate terms. If your partner has a prenup drafted, your lawyer can review the terms and negotiate on your behalf.
• Ensure full financial disclosure. Both parties must disclose all assets, debts, and income for a prenup to be valid. A lawyer can make sure your disclosures are complete and accurate and figure out if your partner is hiding assets.
• Make the agreement legally binding. A lawyer will follow all the specific requirements in your state and avoid common mistakes that could make the contract unenforceable later.

Do You Need a Lawyer for Your Prenup?

You don't always need a lawyer to create a valid prenuptial agreement, but it's strongly recommended that both parties have independent legal counsel review the contract to ensure that it's fair and enforceable.

The requirements for a valid prenup vary from state to state, with some states imposing strict requirements, such as mandatory waiting periods and independent counsel in some cases. California, for example, typically assumes a prenup is invalid unless a person:

• had their own lawyer when they signed it, or
• signed a written statement saying they were advised that they could get a lawyer and chose not to at least seven days before signing the prenup.

And a person can't waive spousal support in California without having been represented by independent legal counsel at the time they signed the agreement. (Cal. Fam. Code § 1612, 1615 (2025).)

Even in states without absolute requirements, courts are much more likely to uphold prenups when both parties have had independent legal advice. When only one party has legal representation, the agreement may be vulnerable to challenge, especially if it's unfair or the unrepresented party says they didn't understand it.

When Having a Lawyer Draft or Review Your Prenup Is Essential

Some people don't want a prenup, or their financial situation is simple enough that they might be able to draft their own. Other situations call for professional help. You should strongly consider hiring an attorney if:

• your finances are complex (for example, you own a business or professional practice, or you have high-value or international assets)
• there is a large disparity in wealth between you and your partner
• either of you has been married before, especially if there are ongoing spousal support obligations
• either of you has children from a prior relationship
• you expect to receive or leave a significant inheritance during the marriage, or
• you have family business interests and need to protect business succession plans.

In these situations, consider the cost of hiring a prenup lawyer an investment in your financial future and your relationship. During the prenup process, you and your partner will clarify your intentions before you commit to a lifetime together.

How Much Does a Prenup Lawyer Cost?

According to The Knot, you can expect to pay anywhere from $1,000 to $10,000 per partner for a prenuptial agreement. Why such a large range? Most prenup lawyers charge by the hour, so what you pay depends on both your lawyer's hourly rate and the number of hours they spend working on your agreement.

Hourly Rates

According to Clio, a legal technology company, the average hourly rate for a lawyer practicing family law in 2024 was $314. Your lawyer's rate might be higher or lower than the average based on many factors, including your location and your lawyer's level of expertise.

The Time Your Prenup Requires

The other factor in the equation—the amount of time your agreement requires—largely depends on the complexity of your situation and whether you and your partner agree on most terms or will require extensive negotiation.

When both parties retain legal counsel, one lawyer will draft the prenuptial agreement, and the other will review it. The drafting lawyer usually charges a higher fee than the reviewing lawyer because drafting requires more time and legal analysis.

Be aware that lawyers charge more for rush jobs, so start the prenup planning process early to avoid premium pricing.

Flat Fee Arrangmeents

Some attorneys offer flat fee arrangements for drafting or reviewing simple prenuptial agreements. Like hourly rates, flat fees vary widely depending on complexity, geographic location, and the lawyer's experience.

The benefit of a flat fee arrangement is that the cost is transparent and predictable. You know how much you'll be paying up front. Just be sure your fee agreement includes exactly what is and isn't included in the flat fee so you don't get any surprise bills.

DIY Alternative Options

If you don't want (or can't afford) to hire a lawyer, you might be able to create your own using an online platform, like HelloPrenup or Trusted Prenup.

These platforms guide couples through state-specific questionnaires to gather financial details and expectations, then generate customized agreements based on the input. Some offer additional services like online notarization or attorney review for additional fees. The cost of prenup platforms varies, but it's typically in the $599-$2,000 range.

Some couples take a hybrid approach—using an online platform to draft the prenup, then each hiring their own lawyer to review and advise on the terms before finalizing it.

How to Find a Prenup Attorney

Finding the right attorney starts with choosing a lawyer specializing in family law with experience drafting and negotiating prenuptial agreements.

To get started on your search:

• ask people you trust, like friends and family, for referrals
• ask people you work with, such as colleagues and financial advisors, for referrals
• look at online legal directories, such as Nolo and Findlaw, and
• contact your state and local bar associations for a list of pre-screened lawyers who are licensed, insured, and meet certain experience standards.

Choosing the Right Prenup Attorney

Plan to interview a few different attorneys. Most attorneys offer a free or low-cost consultation. During your initial consultation, ask about the attorney's experience with state-specific marriage and property laws, their approach to conflict resolution, and whether they have experience handling prenup cases similar to yours—for example, involving business ownership, significant assets, or blended families.

Be sure to discuss the attorney's fee structure up front. A reputable lawyer will clearly explain whether they charge a flat fee or bill by the hour, outline any additional costs you might encounter (such as court filing fees or fees for financial experts), and let you know if an upfront deposit or "retainer" is required.

The right prenup lawyer for you will listen to your goals, clearly explain your options, and help you understand what's needed to make your agreement legally enforceable.

Red Flags to Avoid When Hiring a Prenup Lawyer

The process of reaching a prenuptial agreement with your betrothed can be delicate. Choose someone you feel comfortable with who has the knowledge and skills to protect your interests. Watch for these warning signs and think twice before hiring a lawyer who:

• can't explain terms in plain language
• lacks specific prenup experience
• charges significantly less than other lawyers
• doesn't return phone calls or emails in a reasonable amount of time
• suggests representing you and your fiancé, or
• fails to discuss state-specific requirements or enforceability standards.

Next Steps

Creating a prenuptial agreement is an investment in your future financial security. A qualified attorney can help you create an agreement that protects you and your partner.

If you decide to DIY your prenup, learn more about how to write a fair and lasting contract.