From the Nolo Family Law & Immigration Center
Do We Need a Lawyer to Make a Prenuptial Agreement?
It may sound surprising coming from advocates of self-help law, but yes, you do need a lawyer when making a prenuptial agreement. If you want to end up with a clear and binding premarital agreement, you should get help from a good lawyer. In fact, you will need two lawyers -- one for each of you. Heres why. Our Anglo-American legal system views marriage as a matter of contract between two consenting adults. The terms of the "marriage contract" are dictated by the laws of the state where the married people live, unless they have a prenuptial, or premarital, agreement in which they set their own terms. Varying State Laws The laws governing marriage contracts vary tremendously from state to state. You can certainly do some of your own research to find out general information on your states laws relating to prenups. (Nolos book, Prenuptial Agreements: How to Write a Fair & Lasting Contract, by Attorney-Mediator Katherine E. Stoner and Shae Irving, J.D., can get you started; it provides information about each states laws, plus legal research tips.) But, if you dont want to invest your time learning the ins and outs of your states matrimonial laws, a lawyer who knows the intricacies of those laws will be an important resource. The lawyer can help you put together an agreement that meets state requirements and says what you want it to say.
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