Tips on Finding the right Prenup Lawyer

Prenuptial agreement drafting has aptly been described as the legal practice that involves a “little bit of everything.” This adage is very true because prenups include spousal rights in death or divorce, tax implications (both state and federal), primary residence, corporate planning, and even child rearing. Therefore, finding the right prenup lawyer is extremely important. Below are some tips to help you find the right prenup lawyer for your unique marital situation:

1. Use a prenup lawyer that is licensed in the state where your prenup will be enforced and interpreted. Prenups specify which state law the agreement will be enforced and interpreted under (this may be a different state than where the couple lives or where the agreement is executed). Every state has different enforceability provisions for prenups, thus it is imperative to engage the services of a prenup lawyer which is licensed in the applicable state.

2. Make sure the prenup lawyer has experience in drafting and negotiating prenuptial agreements. State law, including the Uniform Premarital Agreement Act, is quite complex and an inexperienced lawyer may draft provisions which render your prenup unenforceable. Further, various states impose strict enforcement procedures which the parties must follow to make their prenup enforceable (i.e., California imposes a 7-day holding period if alimony is altered). Only an experienced prenup lawyer will be familiar with the nuances of prenuptial agreement law.

3. Find a prenup lawyer that offers you a price quote upfront. Many couples end up spending significantly beyond their budget due to excessive attorney hourly billing, fees and costs. You should discuss these costs and fees with your lawyer prior to engagement of his or her services.

4. Inquire if the attorney has insurance. Often times prenup lawyers operate without insurance, and a properly insured prenup lawyer (or law firm) can give you peace of mind.

5. Don’t believe a prenup lawyer that guarantees the enforceability of your agreement. Courts enforce prenups that are fair and reasonable, and it is impossible for an attorney to guarantee that your agreement will be interpreted as such. That being said, experienced prenup lawyers understand what factors the courts consider when evaluating prenuptial agreements and therefore can counsel and draft agreements to those standards.

6. Make sure the attorney has the time and resources to draft your prenuptial agreement well in advance of your wedding date. As discussed above, many states require a “holding” period prior to the marriage. Thus, it is crucial to verify that the prenup attorney can draft, negotiate, and finalize your agreement with enough time prior to the planned wedding date.