Alaska: There is no statutory requirement to have an attorney at the time of prenup. However, Alaska courts can consider several factors, including both spouses’ ability to consult with an attorney, to help determine the voluntariness and fairness of the agreement if your prenup is ever contested. (Andrew B. v. Abbie B., 494 P.3d 522 (2021)).

Arizona: You do not need to have an attorney in Arizona for your prenup to be valid. However, Arizona courts have determined that not having an attorney can be a factor in determining whether an agreement is unconscionable (i.e., unfair or one-sided). In the case In re Marriage of Pownall, 197 Ariz. 577 (2000), the court noted that although the wife was advised to get her own attorney, she chose not to. She couldn't subsequently claim the agreement was unfair because she had the opportunity to seek legal counsel but didn't take it. So, while having a attorney isn't required, it can help with the enforceability of the agreement.

Arkansas: In Arkansas, you do not need an attorney to create a valid and enforceable prenup. However, whether a spouse had an opportunity to seek legal advice is one factor courts consider when determining if a prenup is equitable and fair (Gooch v. Gooch, 664 S.W.2d 900 (1984)).

California: Legal representation is required if you decide to waive or modify spousal support (a.k.a. alimony) (Clarke v. Akel (In re Clarke), 19 Cal.App.5th 914 (Cal. Ct. App. 2018)). You can waive your right to an attorney as long you do not alter spousal support, or if you sign a waiver of representation.

Colorado: Legal representation isn’t required for your prenup to be valid and enforceable in Colorado. However, both parties must have access to legal representation at the time of prenup. According to Colo. Rev. Stat. § 14-2-309(2)(a)-(b), access means: “(a) Before signing a premarital or marital agreement, the party has a reasonable time to: (I) Decide whether to retain a lawyer to provide independent legal representation; and (II) Locate a lawyer to provide independent legal representation, obtain the lawyer's advice, and consider the advice provided; and (b) The other party is represented by a lawyer and the party has the financial ability to retain a lawyer or the other party agrees to pay the reasonable fees and expenses of independent legal representation.”

Connecticut: Both spouses must have the opportunity to consult with independent legal counsel. If one spouse contests the prenup at the time of divorce and can prove that they did not have the opportunity to consult with an attorney, the court may determine that the agreement is not enforceable against that spouse (General Statutes § 46b–36g (a); see Friezo v. Friezo, 281 Conn. 166, 182, 914 A.2d 533 (2007)).

District of Columbia (D.C.): D.C. case law has not addressed a legal representation requirement as it pertains to prenups. However, legal representation in the context of other marital contracts has factored into D.C. courts’ analysis of fairness and voluntariness (see Simon v. Smith, 273 A.3d 321 (D.C. 2022)).

Delaware: There is no legal requirement in Delaware to have an attorney for your prenup to be valid and enforceable. However, having legal representation can show the court that a spouse voluntarily entered into a prenup if that spouse tries to contest the prenup at the time of divorce. (T.A. v. C.A., No. 20-16002, 2022 WL 2256331 (Del. Fam. Ct. Feb. 10, 2022)).

Florida: Legal representation is not a requirement for a Florida prenup to be valid and enforceable. However, both parties need sufficient time to seek advice from an attorney, if they choose to do so. Florida courts have determined that 10 days prior to the wedding day was sufficient time for a spouse to review a prenup and seek advice from an attorney if they chose to do so (Gordon v. Gordon, 25 So. 3d 615 (Fla. Dist. Ct. App. 2009)).

Georgia: In Georgia, you do not need an attorney to create a valid and enforceable prenup. However, whether a spouse was afforded the opportunity to obtain legal representation is one factor Georgia courts consider when deciding enforceability (Blige v. Blige, 283 Ga. 65 (Ga. 2008)).

Hawaii: There is no legal requirement in Hawaii to have legal representation for your prenup to be valid and enforceable. However, having legal representation can show the court that a spouse voluntarily entered into a prenup if that spouse contests its enforcement at the time of divorce (L.R.O. v. N.D.O., 475 P.3d 1167 (Haw. 2020)).

Idaho: Idaho’s statutory law does not explicitly state whether independent legal counsel is required. However, based on Idaho case law, courts have enforced prenups where spouses were not represented by attorneys. In Liebelt v. Liebelt, 801 P.2d 52 (Ct. App. 1990), the husband repeatedly asked the wife to hire an attorney during the prenup process. Although the wife did not hire an attorney, she contributed to the drafting of the agreement. Ultimately, the court did not find that the wife’s lack of independent legal counsel rendered the agreement unenforceable.

Illinois: In Illinois, you do not need an attorney to create a valid and enforceable prenup. However, whether a spouse was afforded the opportunity to obtain legal representation is one factor Illinois courts consider when deciding enforceability (see Kranzler v. Kranzler, 2018 IL App (1st) 171169 (Ill. App., 2018)).

Indiana: In Indiana, an attorney is not required for your prenup to be valid and enforceable. However, whether a spouse obtained independent legal advice is a factor Indiana courts consider when determining if a prenup is unconscionable (i.e., unfair or one-sided) (Fetters v. Fetters, 26 N.E.3d 1016 (Ind. Ct. App. 2015)).

Iowa: You do not have to retain independent legal representation for your Iowa prenup to be valid and enforceable. However, whether a spouse was afforded sufficient time to obtain independent legal counsel is a factor Iowa courts consider when determining if a prenup is unconscionable (i.e. unfair or one-sided). In the case In re Marriage of Shanks, 758 N.W.2d 506 (Iowa 2008), the court found that a prenup was not unconscionable where the prenup was executed 10 days before the wedding and the husband encouraged the wife twice to get an attorney. Even though the wife ultimately decided not to get an attorney, the court found that she was afforded sufficient time to do so.

Kansas: There is no legal requirement in Kansas to have legal representation for your prenup to be valid and enforceable. However, independent advice of counsel is a “significant factual factor” in determining whether a spouse voluntarily entered into a prenup (Davis v. Miller, 269 Kan. 732 (Kan. 2000)). The presence of counsel weighs heavily in favor of a voluntary agreement.

Kentucky: It’s not a requirement in Kentucky to consult with an attorney. The choice not to consult with an attorney does not automatically invalidate a prenup as long as other factors are satisfied, i.e. full financial disclosure, voluntary execution by both parties, etc. (Shraberg v. Shraberg, 939 S.W.2d 330 (Ky. 1997)).

Louisiana: Independent legal representation is not required for a valid and enforceable prenup in Louisiana. However, it is an important factor that the court can consider if either spouse contests the validity of the agreement at the time of divorce (Weinstein v. Weinstein, 62 So.3d 878 (La. Ct. App. 2011)).

Maine: In Maine, there is no explicit statutory requirement mandating independent legal counsel for parties entering into a prenup. However, case law suggests that consultation with independent counsel is highly advisable to ensure enforceability. For example, in cases like Blanchard v. Blanchard, independent legal counsel was noted as a factor contributing to the agreement's enforceability (Blanchard v. Blanchard, 148 A.3d 277, (Me. 2016)). During the prenup process, the wife confirmed having consulted with an attorney before signing, which supported the court’s conclusion that she was adequately informed about the agreement's terms. The case of Hoag v. Dick underscores the consequences of not having an attorney, where the lack of opportunity to obtain advice from an attorney was a factor in determining the agreement's unenforceability (Hoag v. Dick, 799 A.2d 391 (Me. 2002)).

Maryland: In Maryland, you do not need an attorney to create a valid and enforceable prenup. However, if your prenup is ever challenged, whether a spouse was afforded the opportunity to seek legal representation is one factor Maryland courts consider when deciding enforceability (Cannon v. Cannon, 384 Md. 537, (Md. 2005)).

Massachusetts: In Massachusetts, you do not need an attorney to create a valid and enforceable prenup. However, Massachusetts courts are more likely to consider a prenup enforceable if both parties had independent legal counsel or, at least, were advised to seek legal counsel (Dematteo v. Dematteo, 436 Mass. 18 (Mass. 2002)).

Michigan: In Michigan, there is no requirement for both parties to be represented by an attorney. Assuming that the agreement complies with general contract law principles and Michigan law, lack of independent legal counsel at the time of signing will not void a prenup (Reed v. Reed, 265 Mich. App. 131, (Mich. Ct. App. 2005)).

Minnesota: You do not have to retain an attorney for your Minnesota prenup to be valid and enforceable. However, both parties must have had “...a meaningful opportunity to consult with independent legal counsel of the party's choosing” for the agreement to be enforceable (Minn. Stat. Ann. § 519.11 (1b)(b)(2)).

Mississippi: An attorney is not required for your Mississippi prenup to be valid and enforceable. However, whether a spouse had a reasonable opportunity to consult with independent legal counsel is one factor Mississippi courts consider when determining if a prenup is conscionable (i.e. fair) (Sanderson v. Sanderson, 170 So. 3d 430 (Miss. 2014)).

Missouri: In Missouri, you do not need an attorney to create a valid and enforceable prenup. However, whether a spouse had access to independent legal counsel is one factor Missouri courts consider when determining if a prenup is enforceable (In re Marriage of Thomas, 199 S.W.3d 847 (Mo. Ct. App. 2006)).

Montana: Lack of independent legal representation will not void a prenup in Montana. However, each party should have the opportunity to seek independent legal advice from an attorney before signing the agreement (Sayler v. Sun, 2023 MT 175, 413 Mont. 303, 536 P.3d 399).

Nebraska: You do not have to retain an attorney for your Nebraska prenup to be valid and enforceable. However, the presence or absence of independent counsel, or of an opportunity to consult with an attorney, will be considered in a question of whether or not a spouse signed the prenup voluntarily (Auxier v. Auxier, 32 Neb. App. 230 (2023)).

Nevada: Independent legal representation is not required for a valid and enforceable prenup in Nevada. However, whether a spouse was afforded ample opportunity to consult an attorney is one factor that Nevada courts consider to determine an agreement’s validity if your prenup is ever challenged (Sogg v. Nevada State Bank, 108 Nev. 308 (Nev. 1992)).

New Hampshire: Lack of independent legal representation will not void a prenup in New Hampshire. However, each party should have the opportunity to seek independent legal advice from an attorney before signing the agreement (In re Est. of Hollett, 150 N.H. 39, 834 A.2d 348 (2003)).

New Jersey: There is no requirement to consult with independent legal counsel in New Jersey. However, if you decide not to consult with an attorney, you must voluntarily and expressly waive, in writing, the opportunity to consult with an attorney (N.J. Stat. 37:2-38(c)(4)).

New Mexico: Independent legal representation is not required for a valid and enforceable prenup in New Mexico. However, it is an important factor that New Mexico courts can consider if either spouse contests the validity of the agreement at the time of divorce (Lebeck v. Lebeck, 881 P.2d 727, 734 (N.M. App. 1994)).

New York: You do not need to have an attorney in New York for your prenup to be valid and enforceable. However, whether or not a party had legal representation or legal counsel is a factor New York courts can consider when determining if an agreement is unconscionable (i.e., unfair or one-sided) (See Barabash v. Barabash, 84 A.D.3d 1363 (2d Dept. 2011). Additionally, if you’d like to add any Embryo Clauses to your NY prenup, both you and your partner will need to ​hire an attorney for representation.​

North Dakota: Legal representation isn’t required for your prenup to be valid and enforceable in North Dakota. However, both parties must have access to independent legal representation at the time of prenup. According to N.D. Cent. Code § 14-03.2-08, access means: “a. Before signing a premarital or marital agreement, the party has a reasonable time to: (1) Decide whether to retain a lawyer to provide independent legal representation; and (2) Locate a lawyer to provide independent legal representation, obtain the lawyer's advice, and consider the advice provided; and b. The other party is represented by a lawyer and the party has the financial ability to retain a lawyer or the other party agrees to pay the reasonable fees and expenses of independent legal representation.

Oklahoma: Independent legal representation is not required for a valid and enforceable prenup in Oklahoma. However, it is an important factor that the court can consider if either spouse contests the validity of the agreement at the time of divorce (see Griffin v. Griffin, 2004 OK CIV APP 58).

Ohio: Generally, independent legal counsel is not required to create a valid and enforceable prenup in Ohio. However, if a prenup provides one spouse with substantially less than they should receive according to Ohio’s default property division laws, then that spouse must have had a meaningful opportunity to consult with an attorney (Fletcher v. Fletcher, 68 Ohio St. 3d 464 (Ohio 1994)).

Oregon: In Oregon, you do not need an attorney to create a valid and enforceable prenup. However, one factor Oregon courts consider is whether both spouses had an adequate opportunity to consult with an attorney prior to signing if one spouse claims that they did not voluntarily sign the prenup (In re Marriage of Rudder, 230 Or. App. 437 (Or. Ct. App. 2009)).

Pennsylvania: In Pennsylvania, there's no requirement to consult with independent legal counsel for a valid and enforceable agreement (Simeone v. Simeone, 525 Pa. 392 (Pa. 1990)).

Rhode Island: In Rhode Island, having independent legal counsel is not a requirement for a valid and enforceable agreement (Marsocci v. Marsocci, 911 A.2d 690 (R.I. 2006)).

South Dakota: In South Dakota, you do not need an attorney to create a valid and enforceable prenup. However, if one spouse claims that they did not voluntarily sign the prenup, one factor South Dakota courts consider is whether the spouse received independent legal advice, or waived their right to receive independent legal advice, at the time of signing (Smid v. Smid, 756 N.W.2d 1 (S.D. 2008)).

Tennessee: In Tennessee, you do not need an attorney to create a valid and enforceable prenup. Having an attorney is just one factor the court can consider when determining whether a spouse entered into a prenup voluntarily and knowledgeably (Randolph v. Randolph, 937 S.W.2d 815 (Tenn. 1996)).

Texas: Having an attorney is not a requirement for a valid and enforceable prenup in Texas. Rather, it is one of the factors to be considered when determining whether a spouse entered into the prenup voluntarily (Int. of A.M.H., No. 14-17-00908-CV, (Tex. App. Sept. 17, 2019)).

Utah: In Utah, you do not need legal representation to create a valid and enforceable prenup. Having an attorney is just one factor the court can consider to determine the validity and enforceability of a prenup (Levin v. Carlton, 2009 UT App 170 (Utah Ct. App. 2009)).

Vermont: Vermont doesn't have a specific law requiring an attorney for a valid prenup. However, if your prenup is ever challenged, a court can consider whether a spouse was afforded the opportunity to obtain an attorney. In a recent unreported Vermont Supreme Court case, the Court upheld a prenup even when one spouse didn't have an attorney (see Seguin v. Brown, No. 23-AP-115 (Vt. Nov. 13, 2023)). The Court noted that this spouse had the opportunity to obtain an attorney but chose not to, highlighting that lack of legal representation does not automatically invalidate a prenup.

Virginia: In Virginia, there is no requirement to consult an attorney before executing a prenup (Carpenter v. Carpenter, 19 Va. App. 147, 152 (Va. Ct. App. 1994)).

Washington: There is no requirement to have an attorney when the terms of the prenup are fair and reasonable to the party who doesn’t want it to be enforced (Estate of Crawford, 107 Wn. 2d 493 (Wash. 1986)). If the terms are unfair to the party who doesn’t want the prenup to be enforced, then that party must have had independent advice from an attorney for the agreement to be enforceable. So, while you’re not legally required to have an attorney for your prenup, their expertise can help ensure the enforceability of your prenup.

Wyoming: In Wyoming, there is no requirement to have an attorney to create a valid and enforceable prenup. Assuming that the agreement complies with general contract law principles and Wyoming law, lack of independent legal representation at the time of signing will not void a prenup (see Laird v. Laird, 597 P.2d 463, 467 (Wyo. 1979)).

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