Postnups are becoming increasingly popular, according to family law attorneys. A postnup is a contract spouses enter into during the marriage instead of before the marriage (that would be a prenup). It sets out financial obligations and responsibilities for each spouse. A handful of states do not enforce postnups. A few states only allow for postnups if it’s a form of reconciling the marriage. However, most states do enforce postnups, though the legal standards that are applied to the agreement are usually stronger than those of a prenup (more on this later). Given that postnups have a “stronger” legal standard applied, it’s smart to get a postnup lawyer to assist you with your contract. Postnup lawyers are family law lawyers who specialize in marital contracts. Let’s dive in so you can learn everything you need to know about finding a postnup lawyer.
What is a postnup lawyer?
A postnup (or “postnuptial agreement”) lawyer is a licensed attorney who specializes in postnuptial agreements, but they often also do prenups, divorces, custody, adoption, and other family law issues. However, not every family law attorney does postnups, so make sure the attorney you pick actually does them! You don’t need any special certification to be a postnup lawyer besides just the regular ABA-accredited law school degree and state bar license.
How to find a postnup lawyer
There are several ways for you to locate a postnup lawyer. Here are our tips:
Ask for recommendations from your network
You should start your search by reaching out to anyone you know who has had a postnup or prenup (and if they liked their attorney) to get a good starting point for lawyers in your area. This is a good way to secure an attorney you feel comfortable with, as you already know someone who had a good experience with them.
You can search “postnup lawyer near me” or “postnup lawyer [enter state name]” and do some research into some of the top hits of attorneys in your state. Keep in mind that some of these folks pay to have their names at the top of the list, so make sure you do your own intel on each attorney (more on how to do this later).
State bar association
Most state bar associations will have a website that offers referrals or attorney directories that help folks like you locate specific attorneys for certain needs, such as a postnuptial agreement.
Online attorney directories
There are also other services, such as Avvo, that you can use to narrow down your attorney needs. You can use these services to narrow down your attorney needs by state and area (family law).
How to vet a postnup attorney
Now that you’ve found a handful of attorneys you think you’d like to investigate let’s do a little digging to make sure they’re up to par. Here are some tips on how to “vet” a postnup attorney:
Look up their disciplinary record
Most state bar websites have a way for you to search the disciplinary record of every attorney. For example, here is California’s page where you can look up the disciplinary record of each attorney and their bar license number to ensure their license is still active. To locate your state’s attorney-search page, try searching Google for “[Insert your state] attorney search,” and generally, one of the top few hits is going to be the page where you can search for attorney’s licenses and records.
Look at when they graduated law school and got licensed in the state
Most attorneys note their graduation date and when they become licensed in a particular state. This matters because you may want to evaluate the number of years the attorney has been practicing. Someone practicing for 10 years may be a better fit than someone practicing for 1 year (not always, though!).
Check their services to see if they do postnups
Some family law attorneys don’t do postnups at all. Whether they simply don’t want to do them or haven’t had the chance to do them, this is something you need to make sure they actually do.
Read about their practice style
Do they seem like an aggressive and direct type? Or is it more of a collaborative, “kumbaya” approach? Regardless, decide which approach suits you better and choose that attorney. You can get a general idea of someone’s approach by reading their bio and website.
Preparing for your first postnup consultation
Let’s discuss what you should come prepared with for your first consultation with a postnup attorney. Remember, you will do a postnup consultation alone, without your spouse, because one attorney cannot represent both spouses. Here’s what you need to know about your first postnup consult:
- Prepare your finances: The postnup attorney is going to ask for an overview (and possibly specifics) of your finances, such as the FMV, account balance, date acquired, title name, amount on mortgage, etc. You’ll need to gather all income, assets, debts, and even future inheritances.
- Understand what your individual goals are: Your attorney will need to understand what you want to accomplish with your postnup, so come prepared with a general idea of what you want to put into the postnup.
- Understand what your timeline is: The attorney will need to know how quickly you want this done.
- Prepare any questions in a list: Write down all of the postnup questions you’ve thought of over the days leading up to the consultation. This will allow you to stay focused in the meeting and cover everything.
The bottom line on finding a postnup lawyer
Finding a postnup lawyer is easy peasy. You can look online, ask some friends, find an attorney directory, or try your local bar association. Don’t forget to vet the attorney to ensure they are meeting your unique needs and that you feel comfortable with them! And to streamline the process (and save money) make sure you go prepared to your first prenup consultation with an attorney of your choosing.
Frequently Asked Questions (FAQs) about postnup attorneys
Still have questions? We’ve got answers.
Q: Can my spouse and I share one attorney?
A: No. Attorneys cannot represent two parties to the same contract. They have conflicting interests, and it would be a conflict of interest for the attorney. It’s against the code of ethics.
Q: Do we both need to have an attorney, or can just one of us hire an attorney?
A: It depends on your situation, your state laws, and your attorney. In some states, forgoing an attorney may be acceptable. However, the attorney representing the one spouse may feel uncomfortable with this and decline to represent you (or they may be fine with it!). Long story short–it is possible, but it’s better that you both get attorneys for the enforceability and validity of the agreement.
Q: Can we write the postnup without attorneys?
A: While it is *technically* possible in a few states, it’s still a very risky thing to do. If you want to protect your assets, your best bet is to secure legal counsel to make sure your agreement is legally sound.
Q: How much does a postnup lawyer cost?
A: The cost of a postnup lawyer will vary depending on your location, the hourly rate of the attorney, and the hours it takes to complete your postnup.
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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