In the words of Attorney James Sexton, choosing an attorney is like choosing a partner. “Date before you marry” and the same applies to finding an attorney to draft your postnup and represent you. This entails doing free consultations to feel out each attorney, doing some internal consideration, and choosing an attorney that feels right to you, similar to how you’d treat finding a life partner. This article will discuss everything you need to know about postnup attorneys and how to choose one that’s right for you. Let’s dive in! 

What is the role of a postnup attorney? 

A postnup attorney will generally do several things for you: consult with you on your finances and goals, draft your postnup, answer your questions, give you specific legal advice, negotiate the postnup on your behalf, and help you understand the agreement from top to bottom. When you hire a postnup attorney, many people mistakenly believe they’re also hiring a divorce attorney, and that’s not true. When you hire this postnup attorney, they don’t have to be the attorney you use for a potential divorce, nor are you retaining them for a divorce. It’s simple: They create a postnup for you and provide you with peace of mind. 

Are attorneys required for postnups? 

It depends on which state you’re talking about. Every state has different laws around this matter. Some states do require attorneys for postnups, such as Minnesota (Minn. Stat. § 519.11). This means you cannot get an enforceable postnup without an attorney in Minnesota. In addition, some states highly, highly advise that you get representation even if it’s not explicitly required. This is because postnups in many states are often “shakier,” legally speaking, than prenups, and having attorney representation can bolster enforceability. So, the bottom line is the requirement for an attorney is a state-by-state matter. Some states do require it. Others highly recommend it. 

How to choose a postnup attorney

Now, if you’re choosing a postnup attorney to represent you, there are some things you should consider. 

Cost

First things first, you’ll want to choose someone in your price range. Hiring a celebrity divorce attorney may not be your best bet if you’re on a tight budget. Postnup attorneys typically charge by the hour, so make sure to ask for their hourly rate. They also sometimes charge a retainer fee, which is effectively a down payment for their services. If they don’t use up the entire retainer, they may return the remainder to you. 

Experience 

Depending on how complex your situation is, you may want to consider someone with a lot of experience in postnups. Someone who rarely does them or is new to law may not be the best person for you to choose.

Specialty 

A crucial thing to consider is the attorney’s specialty. If they do 20 different areas of law–personal injury, criminal, DUI, family, wills, and more, you may want to understand if postnups are truly within their realm of specialty. On the other hand, if you go to a family-law-only attorney who specifically specializes in marital agreements, that may be a better choice.

Communication style

You can book a 15-minute free consult with most attorneys. On that call, you can get a feel for their communication style. Are they blunt and direct? Are they comforting and explanatory? Determine what you prefer and choose the attorney that suits you best. 

Reviews

A reliable way to gauge an attorney’s suitability is to review feedback from previous clients. Platforms like Google and Avvo often host such reviews. Simply search the attorney’s name, and you’ll likely find a range of opinions. While not every negative review is accurate, consistent themes, such as ‘lack of communication,’ might indicate a potential red flag.

Gut feeling

At the end of the day, after speaking with several attorneys, you may have a gut feeling about which attorney to choose, and usually, that’s the right way to go! “Trust your gut,” as they say! 

How do postnup attorneys charge you? 

Every attorney is different, although most postnup attorneys will charge hourly. There are a few out there who will charge you a flat rate for the whole thing. You can also try to negotiate a flat rate if that’s something you prefer to keep things predictable. For those attorneys who charge hourly, they typically require a retainer fee, something like ~$5,000-$10,000, and they will charge their hourly rate against the retainer. If they don’t use up the entire retainer, they generally return the remainder, but it depends. Also, you may need to replenish the retainer if they go beyond it. 

Advice from renowned divorce attorney James Sexton choosing an attorney

In a recent podcast with HelloPrenup’s CEO, renowned divorce attorney James Sexton offers unconventional wisdom for finding the perfect lawyer. Instead of relying on fancy titles or online reviews, he suggests treating the search like dating. Interview multiple attorneys, ask tough questions, and trust your gut. The ideal lawyer isn’t just legally competent; they should also align with your personality and approach to conflict. Whether you prefer a direct or empathetic style, finding the right fit can make all the difference in navigating the complexities of marital agreements, such as prenups or postnups.

The bottom line on how to choose a postnup attorney 

Postnup attorneys help you draft an agreement that is tailored to your needs, they explain the contract to you, negotiate on your behalf, and ultimately help you achieve your postnup goals. Choosing a postnup attorney is like choosing a life partner (at least according to James Sexton, Esq.!). You can also rely on factors like cost, experience, specialty, communication style, reviews, and, ultimately, gut feel. Happy searching!

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Nicole Sheehey

Nicole Sheehey is the Head of Legal Content at HelloPrenup, and an Illinois licensed attorney. She has a wealth of knowledge and experience when it comes to prenuptial agreements. Nicole has Juris Doctor from John Marshall Law School. She has a deep understanding of the legal and financial implications of prenuptial agreements, and enjoys writing and collaborating with other attorneys on the nuances of the law. Nicole is passionate about helping couples locate the information they need when it comes to prenuptial agreements. You can reach Nicole here: Nicole@Helloprenup.com

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