What to know:
- A prenup is drafted and reviewed by a family law attorney, the field of law that covers marriage, divorce, property division, and spousal support.
- One lawyer cannot represent both partners: under ABA Model Rule 1.7, representing two people negotiating the same contract is a concurrent conflict of interest, so each partner needs their own attorney.
- Separate counsel for each partner is rarely a hard legal requirement, but courts treat the absence of independent advice as a red flag when deciding whether an agreement was voluntary and fair.
- Attorney time drives the cost: the Bureau of Labor Statistics put the median lawyer wage at $159,670 a year, or $76.76 an hour, in 2025, and two negotiating attorneys multiply the hours.
- First connects each partner with their own independent attorney as part of a guided, flat-fee process, so you get the two-lawyer structure courts look for without assembling it yourself.
You have decided a prenup makes sense, and now you are staring at the practical question: who do you even call? It is a reasonable place to get stuck, because "lawyer" is a broad category and no one wants to hire the wrong kind.
A prenup is handled by a family law attorney, the field that covers marriage, divorce, property division, and spousal support. That is the short answer. The longer answer, below, explains why this specialty fits, why one lawyer cannot work for both of you, and what the whole thing tends to cost once you understand what you are paying for.
What kind of lawyer does prenups?
Prenuptial agreements are handled by family law attorneys, the same specialty that covers divorce, marital property, and spousal support. If you have ever heard the term "divorce lawyer," that is a family law attorney. The field is broader than divorce alone, taking in marriage, custody, adoption, and the agreements couples make before and during a marriage.
A prenup sets terms that would apply if a marriage ended, which is why a lawyer who understands how divorce courts treat property and support is well suited to drafting one. The person writing your agreement should know what a judge in your state would do with your assets by default, so they can write terms that hold up against that backdrop.
When you look for one, the useful filter is specific experience with premarital agreements, not just a family law shingle. Enforceability rules vary from state to state, and a lawyer who drafts these regularly will know your state's formation and disclosure rules cold. Our guide to finding a prenup lawyer near you walks through where to start that search.
Why not a general contract or business lawyer?
A prenup is a contract, so it seems reasonable to call a contract lawyer. The reason to go with family law instead is that prenups are governed by state family law, not general contract law. Most states have adopted some version of the Uniform Premarital Agreement Act (UPAA), which has been adopted by 29 states plus the District of Columbia, and that framework sets rules a general business attorney has little reason to know.
Those rules are specific. They govern financial disclosure between partners, the timing of signing, what makes an agreement voluntary, and which terms a court will refuse to enforce. A family law attorney works inside this framework every week. A business lawyer who drafts commercial contracts for a living operates under a different body of law and different enforcement standards.
There is also the substance of what the agreement decides. A prenup allocates marital property and can address spousal support, and in most states those outcomes default to a court's division rules if the couple stays silent. In community property states, assets acquired during the marriage are generally owned jointly and split evenly. In equitable distribution states, a court divides property based on fairness, and "equitable" does not always mean "equal." Writing terms that work against either backdrop is family law practice, not general contract drafting.
Can one lawyer write a prenup for both of us?
No. One attorney cannot represent both partners in a prenup, because negotiating the same contract for two people is a conflict of interest. Under the American Bar Association's Model Rule 1.7, a lawyer cannot represent two parties with directly adverse interests in the same matter. A prenup is exactly that situation: every term that favors one partner's finances has some effect on the other's.
A conflict of interest, in plain terms, means a lawyer cannot give loyal, undivided advice to two clients whose interests point in different directions. Each state bar adopts its own version of this ethics rule, but the core holds everywhere. So the structure of a properly built prenup is two attorneys: one advising each partner, each looking out only for their own client.
In some situations one partner knowingly waives the right to their own lawyer, where state law allows it, and proceeds with the other partner's attorney drafting the document. That is a documented choice, not an oversight, and it changes how a court later views the agreement. Our post on why you need two separate attorneys covers the reasoning in depth, and how the two-lawyer structure works walks through what each attorney actually does.
Here is how the roles tend to break down once you are assembling the people involved:
| Role | What they do | Why it matters |
|---|---|---|
| Family law attorney (yours) | Drafts or reviews your side, advises you, negotiates terms | Represents only your interests |
| Family law attorney (your partner's) | Does the same for your partner | Keeps the agreement balanced and harder to challenge |
| Financial advisor (optional) | Frames the financial plan and disclosures | Supports but does not draft the legal document |
| Notary | Witnesses signing where required | Helps satisfy formal execution rules |
| Guided online platform | Structures the questionnaire, produces a state-aware draft, can add independent attorney review for each partner | Delivers the two-lawyer structure at a flat fee |
Is a lawyer legally required to get a prenup?
In most states, a lawyer is not strictly required for a prenup to be valid. You will not find a blanket rule saying an unrepresented couple cannot have an enforceable agreement. What you will find is that courts treat the absence of independent legal advice as a warning sign when they later decide whether an agreement was entered voluntarily and fairly.
This is where "recommended" and "required" part ways, and it is worth being precise about. Independent counsel for each partner strengthens enforceability because it shows both people understood what they were signing and had someone in their corner. When a court reviews a challenged prenup, the presence of separate lawyers is one of the strongest facts in favor of upholding it.
A few states attach specific conditions that come close to a requirement in certain situations. California, for example, requires independent counsel for each party for a spousal-support waiver in a prenup to be enforceable, under the California Family Code. A spousal-support waiver is attorney-involved work: if your agreement turns on one, it needs to be worked through with an attorney rather than a self-serve form, which is where First's Lawyer Review and Bespoke packages come in. That California rule is a single illustrative example, not a national rule, and it applies to one specific kind of term. The broader point is that skipping lawyers rarely voids an agreement outright, but it can weaken it exactly when you need it to hold.
What should you ask a prenup lawyer before hiring one?
Before you commit, a short list of questions tells you most of what you need to know. The goal is to confirm real experience, understand how you will be charged, and get a feel for whether this person explains things in a way you follow.
Ask these five before you sign on:
- How many prenups have you drafted? You want someone who does this regularly, not a general practitioner handling one a year.
- Do you know my state's formation and disclosure rules? Enforceability turns on timing, disclosure, and voluntariness, and those rules are state-specific.
- How do you charge? Hourly, flat fee, or a mix changes what the total will look like and how predictable it is.
- How do you handle each partner having separate counsel? A good attorney expects this and has a smooth process for the back and forth with the other lawyer.
- Can you explain a term I do not understand in plain language? If the answer is a wall of jargon, that is a signal about the whole engagement.
A good fit focuses on a fair, enforceable agreement and treats your questions as reasonable. Our guide to the critical factors in choosing an attorney expands on what to weigh. Your state bar association's lawyer referral service is also a vetted place to find candidates, since bar-run referrals screen the attorneys they list.
What does hiring a prenup lawyer cost?
The cost of a prenup tracks attorney hours, which is why it is hard to quote a single national price and why a straight answer here means talking about time. The Bureau of Labor Statistics reported a median lawyer wage of $159,670 per year, or $76.76 per hour, in 2025. That figure covers all lawyers, not family law specialists specifically, so treat it as general context for why legal time is expensive rather than a prenup quote.
Two things push the number around. First, a prenup done the traditional way involves two attorneys, each billing for drafting, review, and negotiation, so you are paying for two sets of hours, not one. Second, rates vary by location. BLS state wage data shows wide variation across states, with the mean annual wage for lawyers at $176,470 nationally as of May 2024 and considerably higher in some states. The same agreement, drafted in a different city, can carry a different price for no reason other than local attorney rates.
This is where flat-fee options come in. Instead of an open-ended hourly meter, a guided process prices the work up front. The Clio Legal Trends Report has tracked a broader shift toward flat-fee and alternative billing in legal services, which gives couples a more predictable path than the hourly model. First's Lawyer Review package, for example, builds independent attorney review for each partner into a flat fee. Our breakdown of what a prenup costs and our comparison of doing it yourself versus hiring a lawyer go deeper on the trade-offs between the paths.
Frequently Asked Questions
What kind of lawyer does prenups?
Prenuptial agreements are handled by family law attorneys, the lawyers who work on marriage, divorce, property division, and spousal support. Look for one with specific experience drafting and reviewing premarital agreements in your state, since enforceability rules vary from state to state and local practice shapes how an agreement holds up.
Can my partner and I use the same lawyer for our prenup?
No. One attorney cannot represent both partners in a prenup because negotiating the same contract for two people is a conflict of interest. Each partner needs their own independent lawyer, or one partner can knowingly waive that right where state law allows it, which is a documented choice rather than an oversight.
Do I need a lawyer to get a prenup?
In most states a lawyer is not strictly required for a prenup to be valid. However, having independent counsel for each partner is strongly recommended, because courts view the lack of it as a warning sign when deciding whether an agreement was entered voluntarily and fairly. It strengthens enforceability.
Is a family law attorney the same as a divorce lawyer?
Largely yes. Family law is the broader field that includes divorce, and most divorce lawyers also draft prenups. Because a prenup sets terms that would apply in a divorce, a lawyer who knows how divorce courts treat property and support is well suited to the work of drafting and reviewing one.
What should I ask a prenup lawyer before hiring them?
Ask how many prenups they have drafted, whether they know your state's formation and disclosure rules, how they charge, and how they handle each partner having separate counsel. A good fit explains things in plain language and focuses on building a fair, enforceable agreement rather than running up hours.
Can a lawyer in one state write a prenup for a couple in another state?
Generally your prenup should be prepared with the law of the state where you will live or divorce in mind, so you want an attorney licensed and experienced there. Where you expect to be married and build your life usually guides which state's rules apply to the agreement.
Getting started with First
If you would rather not assemble two attorneys and coordinate the back and forth yourself, First connects each partner with their own independent attorney as part of a guided, flat-fee process. It is a modern way to get the two-lawyer structure courts look for, on your timeline. First's Lawyer Review package builds in independent attorney review for each partner, and the Bespoke package handles more complex situations, while the Self-Serve package covers the drafting work for couples who want to move on their own first. When you are ready, you can see how First works and start whenever it feels right.
Methodology
These figures are drawn from the U.S. Bureau of Labor Statistics, covering the 2025 Occupational Outlook Handbook (median lawyer pay) and the May 2024 Occupational Employment and Wage Statistics release (state-level wage variation), based on BLS's national employer survey of the lawyer occupation (23-1011). Attorney wage data is used to explain why attorney-hour-driven prenups add up; it is not a direct prenup price.
Sources
- BLS Occupational Outlook Handbook, Lawyers (2025): median lawyer pay of $159,670 per year, or $76.76 per hour.
- BLS Occupational Employment and Wage Statistics, Lawyers (May 2024): state-level and national wage variation for lawyers.
- ABA Model Rules of Professional Conduct, Rule 1.7: why one lawyer cannot represent both partners.
- California Family Code: independent counsel required for a spousal-support waiver to be enforceable.
- Clio Legal Trends Report (2025): context on flat-fee and alternative billing in legal services.
First is not a law firm. The information and tools provided by First on this site are not legal advice and not a substitute for the advice of an attorney.