(Closed) Do we have to get a lawyer for a prenup?!?

posted 7 years ago in Money
Post # 3
Member
10851 posts
Sugar Beekeeper
  • Wedding: September 2010

Woah! Our prenup was about $1200 I believe. That’s crazy!!! I would maybe get another quote from a different lawyer…

ETA – And our prenup was actually a bit complicated too because I have assets and Darling Husband has a son. Also, make sure you each have your own seperate lawyer. You can’t use the same one, it’s a conflict of interest (or at least it is where I live!).

Post # 5
Member
690 posts
Busy bee

You’ll need to look into your local laws to know if you NEED a lawyer to have a valid pre-nup.  Most likely, an agreement signed without lawyers (that perhaps state that you both waive your rights to independent legal advise) would mean SOMETHING.  However, it would probably be a lot easier for the court to decide to ignore it without independent legal advise. 

It really depends on your local laws though.  In some places, prenups are NEVER binding, in other places they will hold up if iron clad, and sometimes the court is very willing to enforce them. 

Post # 6
Member
1902 posts
Buzzing bee
  • Wedding: August 2014

Yes, you absolutely should get a lawyer, each of you needs your own lawyer in most states for it to be binding. That cost sounds a bit high, but it all depends on where you live. If you live in a bigger city, then its most likely going to cost you a bit more. But, word to the wise, if all the lawyers in your area charge $3k and you find one that costs you $1k….there’s probably a reason for that. Don’t go with the cheapest lawyer you can find, because you get what you pay for. 

Here is what I recommend (as an attorney). You should google (insert your state name here) bar association. Go to the website and find a link for the lawyer referral service for your state, and call them. They will be able to recommend a good, reliable attorney that practices family law/contracts and each of you should get your own referral. Most attorneys do initial consultation for free, so you should go in and get a free consultation, not just call and ask how much a pre-nup costs.

Post # 7
Member
10851 posts
Sugar Beekeeper
  • Wedding: September 2010

@ OP: My lawyer was $1200. Darling Husband used a friend of ours who’s a partner in a law firm, so I couldn’t tell you what the rate was there. Likely a lot less than $1200 😉

Post # 8
Member
45 posts
Newbee
  • Wedding: December 2010

We used a pre-formatted prenup, edited it ourselves, and had a good lawyer friend of mine read it over before finalizing it. My friend did ours for free. It took us a day to complete and a few days for my friend to look it over.

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