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Do We Need a Lawyer to Make a Prenuptial Agreement?


Decide What You Want Before Seeing a Lawyer

That said, it's best not to ask your lawyers to start writing up a draft or final agreement until the two of you have settled on its essential terms. You should put those terms in writing -- either in a written outline or a draft agreement you create yourselves. A prenup prepared by a lawyer who isn't working from terms you've both agreed on is likely to be one-sided and adversarial. If you provide your lawyers with an outline or draft prepared by both of you, the whole process -- and the final document -- will be more balanced.

 
Drafting Your Own Agreement

You can use Nolo's book, Prenuptial Agreements: How to Write a Fair & Lasting Contract, to draft your own prenup. The book thoroughly explains what you can and can't do with a prenup, helps you decide whether or not you need one, and walks you step by step through the process of drafting your own agreement. It also provides detailed information on every state's laws about prenups and marital property. For same-sex registered domestic partners in California, there's also a companion eGuide, Prenups for Partners: Essential Agreements for California Domestic Partners.

All of this assumes that you select and use lawyers who are not only competent and experienced in matrimonial law, but who are also capable of supporting the two of you in negotiating and writing up a loving, clear, and fair agreement. Finding the right lawyers can take some time, but it's worth the effort.

Copyright 2006 Nolo

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