Iowa Prenuptial Agreement Attorney

Do I need a lawyer for my Iowa prenup?

First and foremost–do you need an attorney for an Iowa prenup to be enforceable? In a 2008 Iowa divorce case, the Iowa Supreme Court directly tackled the issue of whether a prenuptial agreement is invalid if one spouse doesn’t have a lawyer when executing a prenup. The ex-wife argued she didn’t have independent counsel (meaning her prenup should not stand), noting her ex-husband was an attorney, but she didn’t However, the court rejected her claim, emphasizing that she had ample time to seek legal counsel if she desired and that her ex-husband had even encouraged her to do so. The court firmly stated that having a lawyer is not mandatory for a prenup to be enforceable in Iowa, as explicitly stated in the state’s Uniform Premarital Agreement Act. (See In re Marriage of Shanks, 758 N.W.2d 506, 518 (Iowa 2008) for the full case). 

Main takeaway? While a lawyer certainly can provide benefits to you, such as being able to answer your legal questions, customizing your agreement for you, etc., they’re not a prerequisite to a valid and enforceable agreement in Iowa. 

What does a prenup lawyer do?

Let’s talk about what a prenup lawyer actually does (and doesn’t do). For starters, people always think when you hire a prenup lawyer, it means you’re also hiring your future divorce attorney, but that couldn’t be further from the truth. Hiring a prenup attorney is a completely separate service from divorce, and sometimes, prenup attorneys don’t even do divorces! A prenup attorney is only for your prenup (unless you want to hire them for something else one day). 

Now, let’s talk about what prenup lawyers do. Here’s a list of some of the things you can expect when you hire a prenup lawyer: 

• They will draft the contract according to your needs. 
• They will negotiate the prenup on your behalf with your partner’s attorney (if necessary). 
• They will explain all of the clauses to you so you thoroughly understand what you are signing. 

Why should I hire a prenup lawyer if I don’t technically need one in Iowa?

You may be wondering… why hire an attorney in Iowa if they’re not really a requirement for a valid and enforceable agreement, according to In re Marriage of Shanks, 758 N.W.2d 506, 518 (Iowa 2008). Well, just because they’re not a requirement doesn’t mean they can’t help your case. For example, if your prenup is ever challenged, the fact of having the advice of a prenup lawyer may be considered in the analysis, and it could be considered good evidence towards the fact that the prenup was fair, not unconscionable, and voluntarily entered into.

Can my partner and I share an attorney?

Unfortunately, you and your partner cannot share the same attorney for your prenuptial agreement. This is due to potential conflicts of interest. An attorney has a duty to advocate solely for their client’s best interests, and it’s impossible to do that effectively when representing both sides in a contract negotiation. 

Imagine a scenario where one of you wants to waive spousal support, but the other doesn’t. It’s like playing tennis against yourself – the attorney can’t advise both of you on the best course of action without compromising someone’s interests.

And, even if you and your partner are 100% aligned on the terms of the agreement, you still cannot both be represented by the attorney.

How to find a prenup attorney in Iowa

As of 2020, there were a reported ~19,000 attorneys in Iowa. But only a number of those are family law attorneys who do prenups. It shouldn’t be too hard to find one, right? Here are some ways you can go about finding a prenup attorney in Iowa:

• Try Google. It’s 2024 people! Use technology to your advantage. Try searching for things like “Des Moines prenup lawyer” or “Cedar Rapids family law attorney.” 
• Check out Attorney Directories such as Avvo, where you can filter by state and specialty. There, you can check out all of the attorney profiles listed on Avvo in Iowa, which specialize in family law matters.

Pro Tip: Not all family law attorneys practice prenups, so make sure to check their website or give them a call and make sure they actually do prenups.

Now that you know where to look…what are you looking for? What constitutes a “good” Iowa prenup attorney? Well, for starters, they should be licensed in the state in good standing (no disciplinary record). You can check on an Iowa attorney’s status here. Just input someone’s first and last name. Then, you can see their license status (active or inactive) and make sure they don’t have any disciplinary marks on their record.

Beyond that, there are other metrics that (we think) make a prenup attorney “good.” Here are some qualities of a good prenup lawyer: 

• Problem-solving skills
• Conflict-resolution skills (we don’t want major conflict before marriage even begins)
• Experience in prenups
• Good listening skills 
• Good organizational and attention to detail skills
• Potentially experience in mediation 

While expertise in prenups and a valid license in your state are essential, the ideal attorney goes beyond these basic qualifications. Seek out someone you trust and feel comfortable opening up to. A prenup gets into personal and sensitive matters, so your attorney should demonstrate empathy and respect for your needs and concerns.