Heath-Newton LLP Counselors at Law

Bay Area Family Law Blog


Top 5 Things to Look for in a Prenuptial Agreement Attorney

Creating a prenuptial agreement may seem like a daunting task. Though it can be, it does not have to be. The first step in turning the nature of this “task” from daunting to doable is retaining the right attorney.  How do you choose the right attorney for you? Here are the top five things to look for in a prenuptial agreement attorney:

  1. Experience. Seek a law firm that has attorneys with a depth of experience in representing individuals through the drafting, negotiating, and execution of prenuptial agreements. An experienced prenuptial agreement attorney will be able to relate to you personally and understand the matters most important to you. Consider retaining an attorney from a law firm that has a strong reputation and a track record of outstanding results.
  2. Knowledge. Your attorney must have comprehensive knowledge of California law surrounding prenuptial agreements, and be current with any recent changes in the law. For a prenup to be enforceable in California there are certain requirements that must be strictly abided by. In addition to knowing the law, your attorney also needs to know how to craft a prenup that is personal to you. If you own a business or your spouse is bringing significant debt to the marriage, these are specific provisions that must be part of your prenup.  A prenup is not a “one-size-fits-all” document and your attorney should not treat it as such.
  3. Availability.  Whoever you ultimately retain as your prenuptial agreement attorney must be reasonably accessible to you via e-mail, phone, or in-person. The ability to reach your attorney with questions or concerns in the process of drafting, negotiating, and executing your prenuptial agreement is very important. You should not expect your attorney to be at your beck-and-call, but time is often of the essence in the drafting and execution of a prenup. A nonresponsive, inaccessible attorney will lead to unneeded stress.
  4. Care. A qualified prenuptial agreement attorney cares about you and your future spouse. Your attorney should take care to ensure that your agreement accurately depicts your personal circumstances and achieves your goals. Your attorney should be polite, efficient, and concerned about your future. Your attorney should be patient, listen to your questions, and have no problem addressing your concerns.
  5. Collaboration. Your prenuptial agreement attorney should know how hard this process is for you. A good attorney understands that most people don’t relish the idea of crafting such an agreement. Initially, clients often think seeking a prenup will create suspicion and mistrust in the relationship. A capable prenuptial agreement attorney encourages parties to communicate directly and work collaboratively to dispel this myth. Fostering this type of relationship and open communication is more efficient and ultimately leads to a healthier and stronger relationship.

Talk to a prenuptial agreement attorney

A well-drafted prenup can protect both spouses in the event of separation and/or divorce. To schedule a consultation with a skilled prenuptial agreement attorney, call Heath-Newton at 415-398-1290, or e-mail us at info@heathnewton.com.

Premarital Agreement in California eBook Download

Categories: Premarital Agreements

Leave a Comment: