There are approximately 1.3 million attorneys in the U.S., but only a portion of those lawyers know how to do prenups. It can’t be too hard to find a good prenup lawyer, right? Plus, think of a bad prenup like a cheap tattoo – painful and hard to undo. The right prenup lawyer is your artist, ensuring a personalized design that stands the test of time. Keep reading to find out more about how to find the perfect lawyer for you.
How much money do you need for a prenup?
There is no “right” amount of money for a prenup. In other words, there is no legal requirement that says, “Here’s how much money you need to get a prenup!” It’s about what YOU want to protect, no matter how big or small that may be. Prenups can protect more than just money, too. They can protect AGAINST debt; they can protect tangible assets, such as heirlooms, collections, etc.,; and they can even protect assets you don’t have yet!
For example, John has $5,000 in a bank account and $30,000 in student debt. Jane has $0 saved and $500,000 in medical school debt. A prenup would be an excellent choice for this couple to ensure that John doesn’t take on any of Jane’s debts and that Jane can protect her future earning potential as a doctor.
Benefits of a good prenup lawyer
Prenups aren’t just something you jot down on a napkin. They require expertise, customization, and details. Hiring a good prenup lawyer matters, and here’s why:
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Peace of Mind with a Personalized Plan: A good prenup lawyer understands that no two couples are alike. They work with you to create an agreement that reflects your unique needs and goals, providing a sense of security for your future. For example, should you include a sunset clause? What about alimony–what makes sense for you and your partner?
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Clearing Up Confusion: Prenups can be filled with unfamiliar terms. Alimony. Spousal Support. Maintenance. Equitable Distribution. Community Property. Marital Property. A good lawyer breaks down the legal jargon in a way that makes sense, like a friend explaining something new. This helps you make informed decisions.
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Navigating Tough Talks: Discussing finances and potential separation can be emotionally charged. A compassionate lawyer offers support and guidance, ensuring your voice is heard, and your interests are protected. Heck, as divorce attorneys, they have their fair share of experience with this kind of thing!
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Avoiding Future Heartache: Imagine a hastily drafted prenup that leaves you vulnerable in a divorce. A skilled lawyer helps you think through potential scenarios and proactively address concerns, potentially saving you stress and financial hardship down the line.
What does a prenup lawyer do?
Alright, you’re sold on getting a lawyer, but what do they actually do, you ask? Well, they are your trusted resource for all things prenups and help craft an agreement that is state-compliant and customized. Here’s a breakdown:
Explain the Law:
- State-specific rules: Clarify how your state handles divorce, property division, etc., and what can and cannot legally go into your prenup. For example, a lawyer can explain to you why including a child support provision is unenforceable in most states.
- Why does this matter?: Understanding the law helps you frame your prenup goals. If your main goal is to waive alimony in your prenup, you’ll want a lawyer to explain how to ensure your alimony waiver is enforceable.
Help Classify Assets:
- Financial disclosure: A lawyer helps you classify, value, and include your assets in financial disclosure. For instance, in most states, you are required to include all finances in your prenup. How do you list your trust fund? What about that business? Investments? Real estate? And so on and so forth.
- Why does this matter?: Without properly executed financial disclosure, your prenup could be at risk of being thrown out. For instance, if you don’t properly list your trust fund or business equity, it could be seen as improper financial disclosure according to certain state laws, leading to an unenforceable agreement.
Advice on Alimony:
- Learning your Options: Explore waiving, limiting, or modifying spousal support in your prenup and which option is right for you. Alimony is a touchy topic in law and between couples, so it is great to have a lawyer on your side advocating for you.
- State law: Your lawyer ensures the agreement aligns with local rules. Alimony can be a sticky subject in certain states, so they ensure your alimony choice complies with the law. For example, in California, according to Family Code – FAM § 1612, you’ll need legal representation for an enforceable alimony clause.
Discuss Clauses:
- Explaining your Options: Explain relevant clauses (infidelity, primary residence, etc.) and their enforceability in your state. In some states, certain clauses, like Infidelity clauses, are not enforceable.
- Deciding What’s Right For You: Once you have a good understanding of the clauses available, you can talk through which ones make sense for you. Not everyone needs or should have a sunset clause! For example, sunset clauses may only make sense for couples where one person doesn’t want a prenup. Or for couples that eventually plan on having one person stay at home with the kids. And it may not make sense for two financially independent spouses who plan on working forever to have this clause. It all depends!
Draft the Prenup:
- Personalized Document: The lawyer creates a contract tailored to your needs. They will include clauses that work towards achieving your personal goals, such as waiving alimony, keeping certain property separate, or adding a sunset clause.
- Your Review: You get to approve the draft and ask questions for clarity. For example, your attorney will typically go line by line to explain what each section means, and you can ask questions about each.
Aid in Negotiations:
- Advocate for you: Your lawyer helps reach a fair agreement with your partner’s lawyer. For example, if you and your future spouse are going back and forth on whether to include an alimony waiver, your attorney can work directly with your partner’s attorney to work this out.
- Keep the peace: Good prenup lawyers are skilled in negotiating without wreaking havoc on your relationship. The goal of a good lawyer is to keep the peace, not break it.
How to find the best prenup attorney
Now that you are ready to start your search for the best prenup attorney near you, here are some of our tips on how to start the journey. And don’t worry–it’s not too difficult!
1. Seek out a Prenup Specialist:
- Focus on Prenups: Look for family law attorneys with deep expertise in prenups and your state’s divorce laws. Not every attorney in the world knows how to write a prenup. Heck, some family law attorneys don’t even do prenups. Make sure the lawyer you pick has experience.
2. Finding Leads:
- HelloPrenup: We now offer attorney services in select states where you can find a prenup attorney for discounted, flat rates.
- Google: Search “prenuptial agreement attorney near me” and explore online reviews.
- Referrals: Ask friends, family, and other trusted sources for recommendations.
3. “Date” a Few:
- Free Consultations: Talk to multiple lawyers to find the best fit for your personality and needs. Some attorneys offer free consultations, so you have the option to “date around.”
- HelloPrenup’s $49 Q&A: HelloPrenup offers a $49 Q&A with all of the attorneys available through our platform. This allows you to speak with the attorney and ask questions without fully financially committing to them.
Preparing for your first appointment
You’ve done the research, you’ve put in the work, and you have an excellent prenup lawyer to help you draft your prenup. All that’s left is preparing for your first appointment with them.
What can you do to make sure it goes smoothly? Do your homework! Start thinking about your finances and what your goals are with the prenup. It will make both of your lives easier to have a good understanding of what you want to accomplish with your prenup before stepping foot into the office.
Don’t regret a prenup–take action now!
Finding the right prenup lawyer is crucial. Think of them as your legal artists, designing a lasting agreement that protects your interests. Here’s why taking the time to find the best lawyer matters:
- Personalized Protection: A customized prenup built to withstand challenges.
- Informed Choices: Clear explanations of options so you make the right decisions.
- Support & Guidance: Compassionate help navigating a potentially sensitive process.
Get started with HelloPrenup to co-create your future and cover your ass(ets). Don’t forget to add-on your optional state-licensed prenup attorney for a flat, discounted rate!
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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