What on earth is the difference between attorney advice, document review or attorney representation?
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.
Attorney Advice
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 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.
Prenup Document Review
Generally, when you hire a lawyer for prenup document review, your lawyer will review your draft prenuptial agreement, give advice based on your specific circumstances, and may make suggestions or edits to the document based on your needs or concerns. If you are hiring an attorney for document review, make sure you are clear about your expectations and the scope of your relationship with them (ie whether or not they will be making edits to your agreement).
Prenup document review may be helpful if:
You're not sure if what you have included in your agreement is sufficient for your needs
You would like custom clauses added to your agreement based on your specific situation
You'd like a "gut-check" that your document is comprehensive, i.e. correctly lists financial disclosures, waivers, notarization, etc.
You have specific questions and/or would like legal advice.
Attorney 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. This is usually what most attorneys refer to as representation. Some states require attorney 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, may make changes to the document or add clauses specific to your situation, and could further negotiate the terms if needed.
Attorney representation may be beneficial or necessary if:
You would like to have an attorney negotiate terms of your prenup, on your behalf
Your are an extremely high net worth individual with complex asset structures that would benefit from attorney-led negotiation, custom terms and/or specific documentation.
Generally, 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 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.