Is Attorney Review & Signature right for me?

Dec 14, 2023 | More about HelloPrenup

HelloPrenup’s self-serve platform was developed by seasoned family law attorneys and agreements are regularly reviewed for legalities. The process is designed to match the thoroughness of getting a prenup through an attorney, without actually having one. Yet, having the option to get legal representation (a.k.a. Attorney Review & Signature) holds immeasurable value, providing an added sense of reassurance that all aspects of your prenup are addressed for your peace of mind. Plus, in some states and scenarios, Attorney Signature is actually required. 

That’s why we’ve partnered with lawyers licensed in your state* to offer Attorney Review & Signature—all directly within the platform. By being a HelloPrenup couple, you have access to top attorneys offering exclusive, discounted, flat-rate, 60-minute phone calls for Attorney Review & Signature at only $699 (no hidden fees), with a lawyer of your choosing. 

*Attorney Review & Signature only available in select states.

 

How it works 

It’s straightforward: start by creating your HelloPrenup account and pay the one-time fee of $599 per couple. Then, invite your fiancé, and each of you complete your respective questionnaires on your individual accounts. Once each of you finishes your questionnaire, you’ll negotiate any terms that need discussion. Once any discrepancies are resolved, voila! You now have a draft of your prenup. At this stage, if you’d like (or if required), you can hire legal representation through HelloPrenup’s platform. You’ll start by selecting an attorney from our vetted list. Then, pay the $699 fee and schedule a virtual meeting with your selected attorney to go over your agreement and any questions you may have. Your attorney will also guide you through the prenup finalization process from this point (i.e., signatures and notarization). 

 

What is Attorney Review & Signature?

Attorney Review & Signature is a legal service offering through HelloPrenup’s platform with vetted attorneys in your state. 

Attorney Review

Typically, when you engage a lawyer for prenup review, they’ll assess your draft of the agreement, offer advice tailored to your specific circumstances, and may propose edits or suggestions based on your preferences or concerns. If you’re seeking an attorney for prenup review, it’s crucial to communicate your expectations clearly

Opting for Attorney Review might be beneficial if:

  • You’re uncertain whether the contents of your agreement adequately meet your needs.
  • You desire a thorough assessment to ensure your document is comprehensive, covering elements like financial disclosures, waivers, notarization, etc.
  • You have specific questions or seek legal advice.
  • You want an attorney signature

 

Attorney Representation, also known as Attorney Signature

There’s often confusion about what’s entailed when you need an attorney to ‘sign off’ or ‘provide a signature’ on your prenup—commonly referred to as legal representation. In certain states, representation is necessary for enforcing specific clauses in a prenup, like in California (see more on that below). In the context of legal representation, your attorney reviews the agreement, provides legal advice, may make revisions, or add clauses tailored to your situation.

Attorney Signature might be beneficial or necessary for you if:

  • Legal representation is required in your state in certain scenarios, such as in California (see more on this below).
  • You’re a high-net-worth individual with intricate asset structures that would benefit from custom terms and/or specific documentation.
  • In the event your prenup faces a challenge, having representation may be advantageous, as some courts may consider whether parties were represented when assessing their understanding of the legal rights being waived.

Do I legally need an attorney for a valid and enforceable prenup?

In virtually all states, there’s no strict rule saying you have to get a lawyer for a prenup (or that you can’t waive it), BUT, in some states, there are exceptions. Take California, for example (see details below on CA’s exception). Plus, having a lawyer creates a layer of protection in all states. Meaning, having a lawyer may help you if your prenup is ever challenged, but it’s not necessarily required.

For example, in California, you can waive your right to an attorney, but not if you alter spousal support in your prenup. If you alter spousal support in your prenup in California, you must have legal representation. If you don’t alter spousal support in your prenup in California, you may waive legal representation.

Other states, like New York, for example, do not require legal representation for a valid and enforceable agreement. However, in N.Y., it may become a factor that a court considers when determining if the agreement should be upheld. One N.Y. court eloquently explained that, “the fact that [a party] did not have independent counsel without more, does not constitute grounds to nullify the agreement.” Barocas v. Barocas, 94 A.D.3d 551 (1st Dept. 2012). In other words, considering all of the facts of a case, the lack of legal representation does not, on its own, invalidate a prenup in New York. 

Takeaway: Having a lawyer is generally not required for a valid and enforceable prenup, except for in certain states and certain situations. However, in all states, having a lawyer may help your case substantially if your prenup is ever challenged in the future.

More on California’s legal representation requirement 

In California, you may waive your right to legal representation by signing off on an attorney waiver in your prenup. However, according to Cal. Fam Code Section 1612 (c), you may not waive your right to an attorney if you alter spousal support in your agreement. In other words, if you include a clause that limits or eliminates one spouse’s right to spousal support, then legal representation is required. This reflects the perspective that having attorney representation (a.k.a. Attorney signature, available through HelloPrenup’s platform) is vital for a party relinquishing a significant and life-altering right, such as spousal support, in a California prenup.

You are writing your life story. Get on the same page with a prenup. For love that lasts a lifetime, preparation is key. Safeguard your shared tomorrows, starting today.
All content provided on this blog is for informational purposes only. HelloPrenup, Inc. (“HelloPrenup”) makes no representations as to the accuracy or completeness of any information on this site. HelloPrenup will not be liable for any errors or omissions in this information nor for the availability of this information. These terms and conditions of use are subject to change at any time and without notice. HelloPrenup provides a platform for contract related self-help. The information provided by HelloPrenup along with the content on our website related to legal matters (“Information”) is provided for your private use and does not constitute legal advice. We do not review any information you provide us for legal accuracy or sufficiency, draw legal conclusions, provide opinions about your selection of forms, or apply the law to the facts of your situation. If you need legal advice for a specific problem, you should consult with a licensed attorney. Neither HelloPrenup nor any information provided by Hello Prenup is a substitute for legal advice from a qualified attorney licensed to practice in an appropriate jurisdiction.

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