You’re getting married in Washington, D.C., and someone, maybe your best friend, maybe even your future mother-in-law, mentions a prenup. Suddenly you’re down a rabbit hole of legal questions. Do I need a lawyer to write it? Can I just sketch it out myself? What if only one of us hires a lawyer…is that enough? These are great questions, and they’re more common than you think! Let’s walk through the answers so you can feel confident and informed whether you’re months from your wedding or already drafting your agreement.
Do I need to hire a prenup lawyer?
Technically, you’re not required to hire an attorney to have a valid and enforceable prenuptial agreement (also known as a “premarital agreement” or “antenuptial agreement”) in Washington, D.C.. You could, in theory, write something on a napkin, sign it, and call it a day. But if you’re hoping for an agreement that actually holds up in court, you should bypass the sharpie and napkin method and hire an attorney experienced in drafting prenuptial agreements. Prenups are binding legal contracts that have the power to dramatically affect your financial future. If written poorly, they could dictate the distribution of your assets incorrectly or could violate D.C. law and be thrown out by a court completely. If your prenup doesn’t hold up in court, then your property will be divided as a judge sees fit. That could be a potentially devastating blow to your finances.
Can only one of us hire a lawyer, or do we both need one?
Just as you’re not mandated to hire an attorney for a prenup in D.C., you’re also not prevented from an imbalance of legal representation. It’s common knowledge that attorneys are expensive, and two attorneys are obviously more expensive than one. So, if only one of you wants to shell out the money for a lawyer, you’re legally allowed to have only one attorney involved. However, it’s not recommended. When deciding whether a prenup is enforceable, D.C. courts look at whether the prenup was entered into voluntarily, whether each person had enough financial information to make an informed decision, and whether the terms are fair and not wildly one-sided. One of the biggest red flags a court looks for is if only one party had legal representation and the other party had none.
Even though it’s not legally required, having separate lawyers is one of the strongest signals that the agreement was fair, transparent, and voluntary. If the party who wasn’t represented also happens to be the less wealthy spouse who’s leaving the marriage with little funds and no alimony because of a prenup…courts will recognize that this party didn’t have an attorney while the wealthier spouse did. This alone might not invalidate the prenup, but it will be considered along with other circumstances and it could make a huge impact on whether the court views your prenup as severely unfair (i.e., unconscionable)
Can I draft my own prenup?
We’ve already covered that in D.C. you’re not prohibited from drafting a prenup on your own (on a napkin, on purple construction paper with crayons…ideally not on an Etch-a-Sketch). But it’s not a wise decision! D.C. courts have high standards when deciding whether a prenup should be upheld. Attempting to craft your own prenup is extremely risky because you need to understand the nuanced laws of Washington D.C. and will have to navigate the complex legal language required to draft the appropriate provisions for your agreement. You would also need to remain objective to ensure that the terms of your contract are fair and not unconscionable. This is a lot to demand of yourself if you’re not a highly experienced family law attorney. Hiring a lawyer or utilizing highly regarded online prenup drafting platforms like HelloPrenup will help ensure your agreement abides by state laws and accomplishes your goals.
Can we share a lawyer?
It might seem practical to use one lawyer to keep things simple. After all, you’re not adversaries, you’re getting married! But in legal terms, this is a classic conflict of interest. Even if your goals are aligned and you’re in agreement with how to classify your assets, a prenup dictates who gets what in a divorce, and that naturally puts you and your partner on opposing sides of the contract. That’s why no ethical attorney in D.C. will represent both parties in a prenup negotiation. Instead, each person should have their own independent counsel who can explain the terms, suggest edits, and make sure their client understands exactly what they’re agreeing to.
What are the requirements for a valid prenup in D.C.
In the landmark 1980 D.C. case Burtoff v. Burtoff, the court held that prenups should be scrutinized more carefully than regular contracts because of the close relationship of the parties (Burtoff v. Burtoff (1980)). Courts closely look into whether the parties signed the agreement voluntarily and whether they both had a full understanding of each other’s financial assets, income, and obligations. According to Section 46 of the Washington D.C. Premarital Agreement Act, to be enforceable in Washington, D.C., a prenup must meet a few clear requirements.
- The agreement must be in writing.
- The agreement must be signed voluntarily.
- The agreement must include full and fair disclosure of each party’s financial situation, and
- The agreement must not be unconscionable at the time it was signed (DC Code §46-506).
While notarization isn’t strictly required, it’s strongly recommended. Signing in front of a notary public is one more way to show that you both entered the agreement intentionally. If your prenup abides the above requirements, it’s likely to be upheld by a D.C. court.
How much does a prenup lawyer cost?
That depends on the complexity of your finances, how long you and your fiance negotiate the terms of the agreement, and the experience of the attorney you hire. According to a HelloPrenup survey of family law attorneys across the country, the national average for a prenup for both parties is approximately $8,000. Well respected online prenup services like HelloPrenup will provide you with a personalized, expertly drafted prenuptial agreement that abides by Washington D.C.’s state laws for a flat fee of $599, plus $699 to add on the services of a D.C.-licensed prenup lawyer.
The bottom line on hiring a prenup lawyer in D.C.
Washington D.C. does not require you to hire a lawyer for a valid and enforceable prenuptial agreement. However, both you and your fiancé should strongly consider hiring separate lawyers. If only one person has a lawyer, the agreement may still be valid, but it becomes easier for the other party to challenge it later by claiming they didn’t fully understand what they were signing. And if neither of you has a lawyer, that’s risky as well. Even if your intentions are noble when drafting your own prenup, and your terms are straightforward, you may accidentally leave out crucial disclosures, language, or procedural steps that invalidate the entire thing. Hiring an attorney or using an online prenup drafting platform is an investment, but the money you invest now could save you thousands in the future!
Hello, I am Nicola Wood, a solo practitioner in Sacramento, CA. My primary practice areas include family law, probate, and landlord/tenant law. Previously, I served as the assistant family law facilitator at the Sacramento Court for over ten years. I provided procedural assistance (in person and in writing) to a diverse population of the self-represented. The experience offered consistent examples where a valid prenuptial agreement would have accelerated the divorce process, reduced attorney fees and hatred, and placed primary attention on the best interest of the children and the family pet. I like the collaborative divorce process, and the prenup process is conceptually akin to it.
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