ContractsCounsel Logo

Prenuptial Agreement Review

Updated: December 19, 2023
Clients Rate Lawyers on our Platform 4.9/5 Stars
based on 10,653 reviews
No Upfront Payment Required, Pay Only If You Hire.
Home Blog Prenuptial Agreement Review

Jump to Section

What Is a Prenuptial Agreement Review?

Before marriage, a prenuptial agreement, also known as a premarital agreement or simply “prenup,” helps couples divide assets, establish property rights, designate child support, and have an uncontested divorce.

Although no couple plans to divorce when they marry, anything can happen, and it can pay to be prepared. Planning your married life together can include discussing what happens if you and your spouse decide to separate.

A prenuptial agreement helps you and your partner avoid unnecessary, painful conflict by arranging divorce terms that you agree upon now when you are both in good standing.

It is important to note that a prenuptial agreement is not the same as a post-nuptial or separation agreement. Prenups are signed before marrying, and separation agreements are signed after a couple agrees to divorce legally.

Here is an article that defines prenuptial agreement and explains its importance when dealing with financial issues after divorce.

See Prenuptial Agreement Pricing by State

What are the Pros and Cons of a Prenuptial Agreement?

Many couples adopt an almost superstitious approach to signing a prenuptial agreement. They believe that by doing so, they’re expressing doubt about the strength of their relationship or trust in their partner. However, even the happiest couples can decide they are no longer as happy together as they once were.

Divorce can be a mutual and even amicable decision. As such, prenuptial agreements allow couples to extend love and care toward one another so they do not face more stress, arguments, and duress during a separation.

Here are some of the pros and cons of signing a prenuptial agreement:

Pros of a Prenuptial Agreement

  • Clear division of assets. This agreement can help couples separate their assets, such as businesses, real estate, and even pets. While many divorcing couples may fight over property rights, a prenuptial agreement can enforce automatic property rights that make separation easier.
  • Protect children. You can arrange child support and custody in a prenup without going through the court. It can also help ensure that children receive assets their parent wants them to have, rather than automatically transferring them to a spouse in the event of death.
  • Lower the cost of a divorce. While the average prenuptial agreement cost is several hundred dollars, a divorce without a prenup can cost several thousand. Between lawyer fees, alimony, and settlement costs, leaving a marriage can be far more expensive than entering one.

Cons of a Prenuptial Agreement

  • It can negatively affect a partner's feelings. One party may feel hurt by the other’s request to sign a prenuptial agreement. They may feel their fiancé does not trust them or believe their marriage will end in the future.
  • It can lead to disagreements before marriage. Deciding who keeps what in a divorce can lead to conflict among couples, especially if they have differing opinions about each other’s rights. In some cases, prenups may favor one spouse’s financial security if they enter the relationship with more money and other assets.
  • This may lead to unpleasant thoughts before the wedding. Couples planning to wed are filled with excitement and joy about their future. The last thing they want to discuss is what happens if they no longer wish to be married. Many couples avoid premarital agreements because they create negative emotions.

Here is an article with more pros and cons of a prenup to consider.

Can a Prenuptial Agreement Be Broken?

Prenups are valid, legally binding contracts between married partners. However, you can mutually dissolve your agreement together. You can also nullify or void a prenup by contesting it with a lawyer if terms are illegal in your state or unconscionable by law.

Unconscionable in legal terms refers to arrangements in a contract that are imbalanced or oppressive to one party. For example, sometimes, a prenup may deny a partner alimony they are legally entitled to or waive a person’s requirement to pay child support. In these cases, the court may find the document invalid and unlawful, so they void it in court.

Here is an article that covers five reasons why a prenup may be considered invalid.

What Percentage of Married Couples Get a Prenuptial Agreement?

Nearly half of American couples divorce and recent data shows that prenups are increasingly popular among adults in their 20s and 30s. A survey of divorce attorneys by the American Academy of Matrimonial Lawyers found that premarital agreements have risen by 62% in recent years.

Here is an article that explores why more couples are getting prenups and how having one could benefit your relationship.

Who Can Review a Prenuptial Agreement?

An estate planning attorney or business or contract lawyer could help you draft and review a prenuptial agreement. These professionals all know how to write valid legal documents that protect both partners' best interests and legal rights.

Ultimately, their goal is to help you enter a stronger union with a more profound respect for one another. Signing a prenup can build more trust by showing you both have no desire to do the other harm through separation or divorce.

Here is an article with ContractsCounsel’s guide on finding the best lawyer for your prenuptial agreement review.

Why Should You Get a Prenuptial Agreement Reviewed?

Although you can write a prenup yourself, a lawyer is the only one who can review it and deem it legally valid. Therefore, ensuring that your premarital agreement respects all of the marriage and divorce laws in your governing state is important.

Even if both parties agree to the terms and conditions of an agreement, it may not be legally enforceable if it does not comply with their state’s regulations.

Working with an attorney ensures your prenup is valid.

Here is an article with more information on how to write a prenup.

How Do You Validate a Prenuptial Agreement?

Both parties must write, sign, and date a prenuptial agreement. No states recognize oral prenups as valid. Both parties must have also fully detailed and revealed their financial assets and liabilities in the document.

A lawyer can review the signing of your prenup and keep a copy on file in their firm. Besides being mutually agreed upon, the most important requirement is having all of your assets laid out in detail. Hiding information in an agreement could cause it to be nullified in a future divorce.

Here is an article with everything you need to know about planning for a prenup.

Post a project in ContractsCounsel’s marketplace to receive flat fee bids from lawyers for your project. All lawyers have been vetted by our team and peer-reviewed by our customers for you to explore before hiring.

Need help with a Prenuptial Agreement?

Create a free project posting

Meet some of our Lawyers

Daehoon P. on ContractsCounsel
View Daehoon
4.7 (118)
Member Since:
November 26, 2021

Daehoon P.

Corporate Lawyer
Free Consultation
New York, NY
9 Yrs Experience
Licensed in NY
American University Washington College of Law

Advised startups and established corporations on a wide range of commercial and corporate matters, including VC funding, technology law, and M&A. Commercial and Corporate Matters • Advised companies on commercial and corporate matters and drafted corporate documents and commercial agreements—including but not limited to —Convertible Note, SAFE, Promissory Note, Terms and Conditions, SaaS Agreement, Employment Agreement, Contractor Agreement, Joint Venture Agreement, Stock Purchase Agreement, Asset Purchase Agreement, Shareholders Agreement, Partnership Agreement, Franchise Agreement, License Agreement, and Financing Agreement. • Drafted and revised internal regulations of joint venture companies (board of directors, employment, office organization, discretional duty, internal control, accounting, fund management, etc.) • Advised JVs on corporate structuring and other legal matters • Advised startups on VC funding Employment Matters • Drafted a wide range of employment agreements, including dental associate agreements, physician employment agreements, startup employment agreements, and executive employment agreements. • Advised clients on complex employment law matters and drafted employment agreements, dispute settlement agreements, and severance agreements. General Counsel • As outside general counsel, I advised startups on ICOs, securities law, business licenses, regulatory compliance, and other commercial and corporate matters. • Drafted or analyzed coin or token sale agreements for global ICOs. • Assisted clients with corporate formations, including filing incorporation documents and foreign corporation registrations, drafting operating and partnership agreements, and creating articles of incorporation and bylaws. Dispute Resolution • Conducted legal research, and document review, and drafted pleadings, motions, and other trial documents. • Advised the client on strategic approaches to discovery proceedings and settlement negotiation. • Advised clients on employment dispute settlements.

Karl D. S. on ContractsCounsel
View Karl D.
4.7 (2)
Member Since:
October 28, 2022

Karl D. S.

Attorney
Free Consultation
Middlebury, Connecticut
12 Yrs Experience
Licensed in CT, MA
Pepperdine University School of Law

Karl D. Shehu, has a multidisciplinary practice encompassing small business law, estate and legacy planning, real estate law, and litigation. Attorney Shehu has assisted families, physicians, professionals, and people of faith provide for their loved ones by crafting individualized estate and legacy plans. Protecting families and safeguarding families is his passion. Attorney Shehu routinely represents lenders, buyers, sellers, and businesses in real estate transactions, researching and resolving title defects, escrowing funds, and drafting lending documents. To date, Attorney Shehu has closed a real estate deal in every town in Connecticut. As a litigator, Attorney Shehu has proven willing to engage in contentious court battles to obtain results for his clients. While practicing at DLA Piper, LLP, in Boston, Attorney Shehu represented the world’s largest pharmaceutical companies in multidistrict litigations filed throughout the United States. He has been a passionate advocate for immigrants and the seriously injured, frequently advising against lowball settlement offers. He is willing to try every case to verdict, and he meticulously prepares every case for trial. Attorney Shehu began his legal career as a consumer lawyer, utilizing fee-shifting statutes to force unscrupulous businesses to pay the legal fees of aggrieved consumers. For example, in Access Therapies v. Mendoza, 1:13-cv-01317 (S.D. Ind. 2014), Attorney Shehu utilized unique interpretations of the Trafficking Victims Protection Act, Truth-in-Lending Act, and Racketeer Influenced and Corrupt Organizations Act (RICO) to obtain a favorable result for his immigrant client. Attorney Shehu is a Waterbury, Connecticut native. He attended Our Lady of Mount Carmel grammar school, The Loomis Chaffee School, and Chase Collegiate School before earning degrees from Boston College, the University of Oxford’s Said Business School in England, and Pepperdine University School of Law. At Oxford, Karl was voted president of his class. Outside of his law practice, Attorney Shehu has worked to improve the world around him by participating in numerous charitable endeavors. He is a former candidate for the Connecticut Senate and a parishioner of St. Patrick Parish and Oratory in Waterbury. In addition, Attorney Shehu has written extensively on the Twenty-fifth Amendment and law firm retention by multinational firms.

Cory B. on ContractsCounsel
View Cory
5.0 (1)
Member Since:
November 29, 2021

Cory B.

Attorney-at-Law
Free Consultation
Bellaire, OH
8 Yrs Experience
Licensed in OH
Duquesne University School of Law

Attorney Cory Barack specializes in business, real estate, probate, and energy law. He can help you with oil/gas leases, easements, property sales, drafting contracts and wills, setting up companies, and resolving disputes. He is licensed to practice law in Ohio and is located in Eastern Ohio.

Ada A. on ContractsCounsel
View Ada
5.0 (1)
Member Since:
December 17, 2023

Ada A.

Attorney
Free Consultation
Kennesaw, GA
5 Yrs Experience
Licensed in GA
Atlanta John Marshall Law School

Litigation and Discovery Management; Drafting and Filing of Pleadings, Motions and Briefs In Support; Preparation and Closing of Residential and Commercial Real Estate Sales and Purchase Transactions; Handling of Quiet Title Actions; Preparation and Filing of Probate Letters of Administration and Caveat Emptors; Review of Real Estate Documents and Settlement Negotiation.

Nicole C. on ContractsCounsel
View Nicole
5.0 (1)
Member Since:
December 21, 2023

Nicole C.

Business Lawyer
Free Consultation
Dix Hills, New York
23 Yrs Experience
Licensed in NY
Columbia Law School

Nicole expertly and creatively works with businesses and individuals in all types of employment and business relations issues. She investigates workplace disputes as a neutral third party, drafts/reviews severance and hiring agreements, advises on day-to-day workplace issues, and reviews all kinds of business contracts. Nicole represents individuals, small businesses, non-profit organizations, labor unions, and benefits funds in various industries including public sector, entertainment, health care, education, transportation, construction, and communications. She has represented clients in federal and New York State courts, administrative proceedings, and arbitration hearings. Nicole is admitted to practice in New York.

Brian S. on ContractsCounsel
View Brian
Member Since:
December 15, 2023

Brian S.

Corporate Attorney
Free Consultation
Arizona, United States
23 Yrs Experience
Licensed in AZ, CA, DC, TX
South Texas College of Law Houston

I am a corporate lawyer with over 15 years of experience in litigation and in advising companies on a variety of legal issues, including mergers and acquisitions, securities regulations, and contract negotiations. I have a deep understanding of the technology industry and have represented numerous tech companies in my career.

Misi A. on ContractsCounsel
View Misi
Member Since:
December 20, 2023

Misi A.

Senior Counsel
Free Consultation
Inver Grove Heights
17 Yrs Experience
Licensed in MN
Mitchell Hamline College of Law

As a Senior Legal Professional, I have 16+ years experience with extensive background in commercial transactions and as a corporate generalist. I am well versed in contracts lifecycle, risk assessment, compliance, and healthcare regulations. My competencies extend to contract management and detailed project management skills. I have leveraged my legal contracts expertise to mitigate organizational risk, reduce costs, and drive multi-million-dollar revenue increases.

Find the best lawyer for your project

Browse Lawyers Now

Need help with a Prenuptial Agreement?

Create a free project posting
CONTRACT LAWYERS BY TOP CITIES
See All Prenup Lawyers
PRENUPTIAL AGREEMENT REVIEW LAWYERS BY CITY
See All Prenuptial Agreement Review Lawyers
Learn About Contracts
See More Contracts
other helpful articles

Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.

View Trustpilot Review

Contracts Counsel was incredibly helpful and easy to use. I submitted a project for a lawyer's help within a day I had received over 6 proposals from qualified lawyers. I submitted a bid that works best for my business and we went forward with the project.

View Trustpilot Review

I never knew how difficult it was to obtain representation or a lawyer, and ContractsCounsel was EXACTLY the type of service I was hoping for when I was in a pinch. Working with their service was efficient, effective and made me feel in control. Thank you so much and should I ever need attorney services down the road, I'll certainly be a repeat customer.

View Trustpilot Review

I got 5 bids within 24h of posting my project. I choose the person who provided the most detailed and relevant intro letter, highlighting their experience relevant to my project. I am very satisfied with the outcome and quality of the two agreements that were produced, they actually far exceed my expectations.

View Trustpilot Review

Need help with a Prenuptial Agreement?

Create a free project posting

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city