Prenuptial Agreements: Frequently Asked Questions

How do I get a prenup?

Prenuptial agreements are becomingly increasingly common.  You may be getting money from your parents or from an inheritance that you want to protect, or you may have bought a house or built a business.  If you’re wondering whether you need a prenup, read this post.

1. Do we both need our own lawyer? Why can’t we use the same lawyer?

Even though it may seem like you and your spouse are “on the same side”, you may each be giving up rights and changing your obligations to each other.  Because of these competing rights and obligations, a lawyer cannot advocate for both of you.  You each need your own lawyer to provide you with legal advice. 

Read more: Learn about legal advice vs. legal information in this post.

2. How much will it cost?

We offer flat rate options for prenuptial agreements, marriage contracts and cohabitation agreements.  Your lawyer will be able to provide you with a range of prices in your first phone call, and a final quote after your first meeting.  The amount charged will depend on the complexity of your agreement.

3. What is the process?

You will meet with your lawyer to provide them with background information and to explain what you want to achieve with your agreement.  Your lawyer will provide you with legal advice about how to best achieve your goals, and will get instructions from you. 

Your lawyer will then draft the agreement, review the draft with you, and make any changes you ask for.   The agreement is then sent to your spouse to review, and they can get independent legal advice. Once both parties understand the agreement and no further changes need to be made, the agreement is signed.

If you know you want a prenup, and you’re thinking about writing your own, read this first.

4.  What can I put in the agreement? 

You can include clauses about the ownership and division of property; responsibility for debts; spousal support, and the moral training and education of your children.

You cannot include anything in the agreement that limits a spouse’s special rights in the matrimonial home, that says what child support will be paid, or that says who will have custody to or access to your children.

Still wondering if you need a prenup? Read about prenup myths and facts to learn why they're not just for rich people who plan to get divorced.

If you know you want a prenup, but you’re not sure how to ask your spouse for one, check out this post for tips.

Do you still have questions? Book a free, no obligation telephone call with one of our lawyers.