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The Prenup Agreement
START - 3-4 MONTHS BEFORE WEDDING DATE
Discuss Terms & Hire Attorney
1. Discuss with your partner why you want a prenup. ​
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2. Each of you finds an attorney, signs a retainer, and pays a refundable fee.
3 MONTHS BEFORE WEDDING DATE
Collect Information
3. Your attorney interviews you about what you want in the agreement and answers all of your questions.
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4. Collect financial information to disclose to your partner.
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5. Come to a general understanding on the terms of the agreement.
2 MONTHS BEFORE WEDDING DATE
Negotiation & Revisions
6. One attorney prepares a draft agreement.
7. Go over the initial draft with your attorney. Your attorney protects your interests.
8. There will be revisions as your understanding grows and as the finality of the agreement approaches.
TWO WEEKS BEFORE WEDDING
Sign Agreement
9. Both parties sign in the presence of a notary. Your attorney will also sign but only to indicate they advised you on the agreement.
10. Keep the original in a safe place.
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Frequently Asked Questions
How Much Does a Prenup Cost?
A prenup cost starts at a flat fee rate of $1,500. If your situation is complex, the flat fee cost is higher. Or it can be billed by the hour.
The more at stake, the greater the potential impact of a prenup. Considering the overall impact, the cost is small.
Why do we need an attorney at all, let alone two?
The law strongly favors, and for practical purposes, requires separate attorneys. This is to make sure that each of you is voluntarily agreeing to the terms and understand what you are signing.
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A prenup is a contract. There's no ethical way for an attorney to represent both parties to a contract. Separate representation ensures your rights are protected.
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It's unlikely you will find an attorney who will represent one party if the other party doesn't have an attorney.
Do each of you have to pay for your own attorney?​
No. If one of you has significant funds they can pay for the attorney for the other.
Do I need to meet with my attorney in person?​
No. Everything can be done remotely. Though meeting in person may be an option.
