Getting married in Mississippi can feel exciting and hopeful. Picture sunsets along the Magnolia State’s rivers, quiet lanes between oak trees, or lively city streets with new beginnings ahead. And amid all the joy, you’re probably juggling wedding plans, work, and life together. Throwing a prenuptial agreement onto that list might feel heavy, but often it’s wise. A well‑crafted prenup, made with care and legal insight, can clarify expectations and reduce future conflict. The real question isn’t whether you could draft something yourself. It’s whether you want that “something” to survive legal scrutiny later. That’s where a prenup lawyer becomes more than an optional luxury. Can my fiance and I share a lawyer for our prenup? And, what are the requirements for a valid prenup in Mississippi? Read on to find the answers to these questions and to find out more about prenuptial agreements.
Can we share a lawyer?
In Mississippi, you can theoretically use the same lawyer for both parties, but doing so has risks. Because courts will examine how the agreement was made, not just what it says, a shared lawyer can raise questions about fairness, pressure, or lack of independent advice. One spouse might later argue they didn’t have a true opportunity to negotiate or that the attorney’s loyalty lay with the other party. In Elmer Gene Farris v. Rebecca Robertson Farris, the court reiterated that voluntary entry and full disclosure are essential, and that when a single lawyer is used, the fairness of execution is scrutinized (Elmer Gene Farris v. Rebecca Robertson Farris (2005)). If possible, having separate counsel, or at least a clear waiver or statement acknowledging the possibility of independent advice, strengthens your position.
Do we both need a lawyer, or can I just hire one?
Mississippi courts do not uniformly require each party to have their own attorney. In Farris, the court rejected the notion that lack of independent counsel automatically voided an agreement. But that doesn’t mean bypassing legal advice is safe. Courts often look favorably on agreements where both parties had the opportunity to consult counsel, understood the terms, and signed without pressure. In the 2014 case of Sanderson v. Sanderson, the Mississippi Supreme Court emphasized that a prenup must be fair in execution, and that procedural fairness includes considerations like time to review, disclosure, and opportunity for advice. If only one party is represented, you’re inviting scrutiny later, especially if the agreement becomes one-sided or the signer claims they lacked understanding. A safer approach is simple. Both spouses consult a legal professional if possible.
Can I write my own prenup?
Technically, yes, you can draft your own prenuptial agreement in Mississippi. But you should do so only if you have serious legal experience, or at least strong legal counsel to review it, because the risk of error is high. Since Mississippi’s approach is heavily jurisprudential, mistakes in disclosure, drafting ambiguity, timing, lack of fairness, or failure to document counsel or consent can undo much of what you drafted. For instance, if the agreement is signed the day before the wedding without proper review time, or if one spouse later claims they didn’t understand the terms or lacked access to independent advice, a court could invalidate the agreement on procedural grounds. If you fail to disclose a key asset or the business’s obligations, you risk the contract being voided in whole or in part. If you use language that seems punitive or strips all rights from one spouse without any reasonable provision, courts may see it as unconscionable. In short, writing your own prenup is risky in Mississippi’s legal climate. If you go that route, at least have a seasoned lawyer review it on both sides. It’s a case of “better safe than sorry,” and in this matter, the stakes are high.
What are the requirements for a valid prenup in Mississippi?
Mississippi does not adhere to the Uniform Premarital Agreement Act (UPAA). Instead, prenups in Mississippi are treated as specialized contracts with heightened fairness and disclosure obligations. Courts have laid out a few key judicial standards:
- First, the prenup must be in writing and signed by both parties. Oral prenups are not reliable and rarely enforced.
- Second, the agreement must be entered into voluntarily, without coercion, duress, or unfair surprise. In Sanderson, the court weighed whether Tanya had time to consult counsel and whether the terms were explained before the wedding day. If someone presents the prenup too close to the wedding or under pressure, that raises a red flag.
- Third, there must be full and fair disclosure of assets, debts, and financial obligations or a valid waiver of that right. A party must know, or reasonably should know, the other’s financial situation so the agreement is made on an informed footing. If someone fails to disclose a business, real estate, or liabilities, that can invalidate the contract.
- Fourth, terms must be fair and conscionable both in substance and process. Mississippi courts will evaluate both procedural fairness, which is how the agreement was signed and substantive fairness, which is whether the terms, given the parties’ situation, are grossly one-sided (i.e. unconscionable). The Sanderson decision remanded part of the agreement on the question of substantive injustice. Courts won’t always rescind an agreement just because it turned out badly. There must be something unjust or shocking about the terms.
- Fifth, the agreement must be executed before marriage. Post-marriage modifications may require separate agreements such as a postnuptial agreement.
- Sixth, the agreement must not attempt to control matters that are against Mississippi public policy. For example, you cannot predetermine child custody or override child support rules. Mississippi does not allow marital agreements to bind courts on custody or child support determinations.
Mississippi courts treat prenups like contracts, but overlay them with these extra fairness and consent tests. If an agreement fails any of these steps, it may be void or partially unenforceable.
Where do I find a prenup lawyer in Mississippi?
When seeking a prenup attorney in Mississippi, start where you often begin for specialized legal help: local or regional family law firms. In cities like Jackson, Gulfport, Hattiesburg, and Oxford, you’ll find attorneys who regularly handle marital contracts, divorces, and estate planning. Those with real prenup experience are gold. You may ask for referrals from estate planning attorneys or local judges, or look at Mississippi Bar Association directories or state bar referral services. Online legal directories can help, but carefully filter for family law and prenup experience.
When you meet with potential attorneys, ask how often they’ve drafted and defended prenups in Mississippi courts. A good indicator is a lawyer who can walk you through Sanderson, Farris, or other cases and who prioritizes fairness in execution will be better positioned to protect your interests. Also whether the attorney charges a flat rate or an hourly rate. Make sure there are no hidden fees, and keep the conversation going regarding expense as the drafting process moves on.
Bottom line on whether you need a lawyer for a valid prenup in Mississippi
Ultimately, a prenuptial agreement isn’t just about legal protection. It’s about clarity, communication, and peace of mind as you enter into marriage. While Mississippi law doesn’t strictly require both parties to have separate attorneys, the stakes are high enough to warrant thoughtful guidance. An experienced family law attorney can help ensure that your prenup is not only valid and enforceable but also tailored to reflect your values, priorities, and future goals. Whether you’re protecting family assets, outlining spousal support, or simply aiming to avoid misunderstandings down the road, having legal counsel by your side can make the process smoother, fairer, and more empowering for both partners.
Lisa Meggs, of Columbus, Mississippi, is an experienced attorney who specialized in prenuptial agreements. Lisa prides herself on the relationships she has developed with clients.
Lisa is admitted to practice law in Mississippi and Alabama and is a member of the Mississippi Bar Association, Alabama Bar Association, and the American Bar Association.
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