So you've drafted your prenup and are wondering how to go about getting an attorney involved before you sign that baby!
Do you need attorney advice or attorney representation? It depends on your situation!
HelloPrenup is not a law firm, and we cannot offer legal advice relating to your specific situation, including which type of attorney-related services are best for you. Attorneys may work differently, and the scope of their representation will differ depending on the attorney, your specific situation and needs, as well as the agreed-upon scope of engagement. This article is for informational purposes only.
Q&A Session
Attorney advice is just what it sounds like! Scheduling a time to chat with a lawyer to answer questions or concerns can be extremely beneficial and allows you to obtain legal advice relating to your specific situation. Many couples choose to obtain attorney advice while they are filling out their HelloPrenup questionnaire.
Attorney advice may be helpful if:
You're not sure if you need a prenup
You're not sure what state to choose for your prenup
You're not sure what to include in your agreement
You're curious about default state divorce law if you do not get a prenup
You have specific questions and/or would like legal advice
Full Representation aka Attorney Signature
There is often confusion around what is included when you want or need an attorney to 'sign off' or 'provide a signature' on your prenup. "Attorney Signature" is usually what most attorneys refer to as representation. Some states require representation in order for certain clauses in a prenup to be enforced. Generally, if you hire an attorney for full representation, that attorney reviews your agreement, provides legal advice, and signs off on it.
Attorney representation may be beneficial or necessary if:
You have complex asset structures that would benefit from an attorney review of your financial disclosure
You want a gut check on the overall agreement and an explanation of certain terms
You want to ensure your prenup makes sense for your situation
You want an extra layer of protection. Representation may be beneficial if your prenup is ever challenged because some courts may weigh whether or not parties were represented when determining if they understood the legal rights they were waiving when entering into the agreement.
Specifically, in California, attorney representation is required in order to include a clause that alters Spousal Support, including a waiver of spousal support. Per the California family code, a waiver of spousal support will not be enforced without attorney representation of the party who waived their right. Read more about Spousal Support in California.
Overall, attorney representation may increase the likelihood of your prenuptial agreement being enforced if contested in a divorce proceeding, and in some states, is required to waive certain rights. More questions about prenup validity? Read more here.
All content provided in this article is for informational purposes only. HelloPrenup, Inc. (“HelloPrenup”) makes no representations as to the accuracy or completeness of any information on this site. HelloPrenup will not be liable for any errors or omissions in this information nor for the availability of this information. These terms and conditions of use are subject to change at any time and without notice. HelloPrenup provides a platform for contract related self-help. The information provided by HelloPrenup along with the content on our website related to legal matters (“Information”) is provided for your private use and does not constitute legal advice. We do not review any information you provide us for legal accuracy or sufficiency, draw legal conclusions, provide opinions about your selection of forms, or apply the law to the facts of your situation. If you need legal advice for a specific problem, you should consult with a licensed attorney. Neither HelloPrenup nor any information provided by Hello Prenup is a substitute for legal advice from a qualified attorney licensed to practice in an appropriate jurisdiction.