{"id":351894,"date":"2016-04-04T11:02:38","date_gmt":"2016-04-04T16:02:38","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/family\/marriage\/hiring-a-prenup-lawyer.html"},"modified":"2024-11-18T17:18:00","modified_gmt":"2024-11-18T22:18:00","slug":"hiring-a-prenup-lawyer","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/marriage\/hiring-a-prenup-lawyer.html","title":{"rendered":"Hiring a Prenup Lawyer"},"content":{"rendered":"\n
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Hiring a Prenup Lawyer<\/h1>\n
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\n By Hanan Zaki, J.D., LL.M.<\/a> | Legally reviewed by Rhonda Earhart, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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When drafting a prenuptial agreement, both parties should have their own legal representation to ensure fair and balanced terms. A prenup lawyer can help you create an enforceable and valid prenuptial agreement that protects your assets and addresses shared goals.<\/p>\n\n <\/div>\n\n

A prenuptial agreement (prenup) is a premarital agreement, an agreement signed before the wedding. A prenup allows a future married couple to determine how to split properties, finances, and debt liabilities if the marriage ends.<\/p>\n

In family law, marriage is a contract between two people<\/a>. The state in which the married couple lives is the state law that governs their property rights.<\/p>\n

But, you cannot sign a prenup for anything you want. A prenup is a legal document, and there are laws that determine if a prenup is valid. If you sign a prenup that is not legal (invalid)<\/a>, it may not be enforceable. This means you cannot use the prenup.<\/p>\n

Hiring a prenup lawyer can make a significant difference in reaching an agreement with your partner. Seeking legal advice will ensure that your prenup is valid and enforceable. Additionally, having legal counsel by your side will protect you from signing bad prenups, which may not be in your best interest.<\/a><\/p>\n

This article will discuss why a prenuptial agreement may be necessary and why a prenuptial agreement lawyer is important.<\/p>\n

Why Do I Need a Prenup?<\/h2>\n

Without a prenup agreement, state laws automatically give married couples property rights<\/a> and financial rights.<\/p>\n

For example, without a prenup, married couples share equal ownership of marital property (property acquired during the marriage). Both have the right to manage and control the property.<\/p>\n

In case of a divorce or death, state law also determines how to divide property. If a married couple wants a different property division than the state law provides, it is necessary to have a prenup.<\/p>\n

Below are a few reasons you may want a prenup.<\/p>\n

Keeping Finances Separate<\/h3>\n

Without a prenup, in many states, finances acquired during the marriage are assumed to be shared equally.<\/p>\n

However, with a prenup, partners can choose to label pre-marital assets as separate property<\/a>. This means that in the event of death or divorce, finances attained before the marriage (bank accounts, stocks, etc.) will remain their own separate property. They will not be shared with the other partner after the marriage.<\/p>\n

Establishing Property Rights in the Event of a Divorce<\/h3>\n

During the divorce process, state law<\/a> will determine how to divide marital property (property acquired during marriage) if a prenup does not exist.<\/p>\n

Without a prenup, this means that marital property could be split equally in the event of a divorce<\/a>. However, with a prenup, partners can decide how to split their finances.<\/p>\n

For example, a prenup can define whether an asset is the separate property of a partner, or whether the asset is part of the marital estate.<\/p>\n

If property is labeled as separate property, you will keep it. If property is labeled as community property<\/a>, it is split equally between the partners.<\/p>\n

Establishing Financial Rights in a Divorce<\/h3>\n

Similar to property rights during the divorce process, state law will also determine how to divide finances if a prenup does not exist.<\/p>\n

With a prenup, partners can decide how much alimony (also known as spousal support<\/a>) will be given. Without a prenup, a court will determine the amount of alimony.<\/p>\n

Defining Financial Responsibilities During Marriage<\/h3>\n

Future spouses can use a prenup to make financial decisions, such as opening joint bank accounts, or deciding whether an estate plan will include a surviving spouse as a beneficiary<\/a>.<\/p>\n

Providing for Children From Previous Marriages<\/h3>\n

While a prenup cannot discuss child custody<\/a>, a prenup can provide for children from previous marriages.<\/p>\n

For example, a prenup can ensure that children from previous relationships inherit certain properties from a deceased parent.<\/p>\n

Why Hire a Lawyer for a Prenup?<\/h2>\n

One of the best reasons to hire a prenup lawyer is to avoid a court declaring the prenup invalid<\/a>.<\/p>\n

In general, each partner should have independent attorneys. Both partners should have their own attorney review a prenup before signing. While partners are not required to have legal representation, courts tend to be hesitant about enforcing a prenuptial agreement when it is signed without independent legal representation.<\/p>\n

If a partner does not have an attorney, a court may determine that a prenup is not valid if the prenup seems unfair, or if someone was forced to sign<\/a>.<\/p>\n

Additionally, states typically have strict timelines for executing a prenup. For example, states may require you to have the prenup signed seven days before the wedding<\/a>. States also may require you to provide a specific amount of time for all parties to review the prenup before signing.<\/p>\n

Hiring a prenuptial agreement attorney makes this process easier for you since lawyers can ensure that all state law requirements are met.<\/p>\n

What To Look for in a Prenup Attorney<\/h2>\n

A good attorney can help draft a prenuptial agreement that protects your interests and supports a positive foundation for your marriage. For the best guidance and representation, look for the following in a prenup attorney:<\/p>\n