What to Ask Your Attorney Before Signing

Someone mentions a prenuptial agreement while you’re getting married, in between choosing a location and deciding on the guest list. Isn’t that reserved for celebs or those who don’t trust their partner? Your heart skips a beat. No, not at all. Talking about a prenuptial agreement is becoming a wise and proactive aspect of relationship planning in the modern world.

Prenuptial agreements can lessen future conflict, safeguard assets, and define financial expectations. But it’s important to know what you’re getting into before you sign the dotted line. A prenuptial agreement lawyer can help with that. Making the correct inquiries now can help you avoid serious regrets later.

In this article, we’ll walk you through what to ask your attorney before signing a prenup, why it matters, and how to ensure your agreement is fair, enforceable, and aligned with your goals. Whether you’re protecting a business, concerned about debt, or just want clarity, this guide will help you approach your prenup with confidence.

Understanding the Purpose of a Prenup

Before diving into legal details, it’s essential to understand what a prenuptial agreement really is—and what it isn’t. A prenup is a legal contract between two people entering a marriage that outlines how financial matters will be handled in the event of divorce or death. While many view prenups as “planning for failure,” they are more accurately a form of financial planning and personal protection.

Your prenup lawyer can explain that these agreements typically address property division, spousal support, inheritance rights, and even debt responsibility. If either party has children from a previous relationship, owns a business, or holds significant assets, a prenup can offer peace of mind. Importantly, prenups must be fair, mutually agreed upon, and signed without coercion to be legally enforceable.

A real-world example: Consider a woman entering marriage with a thriving online business. Without a prenup, a divorce could entitle her spouse to a portion of that business—even if they didn’t contribute. With a prenup in place, ownership and revenue rights can be clearly defined.

Are Both Parties Being Represented Fairly?

One of the most important questions to ask your attorney is whether both you and your partner are being represented fairly. In many states, a prenup is more likely to be upheld in court if both parties had independent legal counsel. This ensures that the agreement wasn’t signed under pressure or without a full understanding of the implications.

A family law attorney will usually advise that both individuals have their own lawyers review the document. This also helps avoid accusations of one-sidedness, especially if one party has significantly more wealth or legal knowledge than the other. If your partner refuses independent counsel, ask your attorney how that could impact enforceability down the line.

For example, in California, courts may scrutinize any prenuptial agreement where one spouse didn’t have independent legal representation. In some cases, those agreements have been tossed out altogether. Your lawyer should explain how your state handles this issue and help you navigate the process accordingly.

What Can and Can’t Be Included in a Prenup?

Another key conversation to have with your prenuptial agreement attorney is around the scope of what the document can legally include. While prenups can cover many financial topics, not everything is fair game.

Generally, you can outline how property and debt will be divided, set terms for spousal support, and make provisions for future inheritances or trusts. You might also include clauses around managing joint bank accounts or investment decisions during the marriage. However, topics like child custody or future child support are typically off-limits. Courts will not enforce any clause that attempts to predetermine the welfare of children.

Your attorney should review any “lifestyle clauses” you’re considering. While some couples try to include terms about infidelity, weight gain, or other personal matters, many of these are unenforceable or considered frivolous by courts. Still, discussing such topics with your lawyer can clarify what’s legally sound versus symbolic.

How Will the Prenup Hold Up in Court?

Even the most carefully written prenup can fall apart if it doesn’t meet legal standards. That’s why you must ask your attorney how to ensure your agreement is enforceable.

Your lawyer should walk you through local requirements for a valid prenup. This often includes full financial disclosure, enough time to review the agreement before the wedding, and signatures from both parties without duress. In many jurisdictions, a prenup signed days before the wedding may raise red flags and be seen as coercive.

Ask your attorney how state law handles enforcement. In some states, courts will evaluate whether the agreement is “unconscionable” or overly unfair to one party. If the agreement leaves one person destitute or heavily favors the wealthier spouse, it may not hold.

A practical tip your lawyer may suggest: document the negotiation process with emails or letters to show transparency and fairness. This can be critical if the prenup is ever challenged in court.

What Happens if Circumstances Change?

Life isn’t static, and neither are relationships. A prenuptial agreement should be written with flexibility in mind. Be sure to ask your attorney how future changes—such as children, career shifts, or new assets—could affect the terms of your agreement.

Some prenups include a “sunset clause,” which terminates the agreement after a certain number of years or upon a milestone like the birth of a child. Others allow for amendments or updates if both parties agree. It’s important that your lawyer drafts the prenup in a way that can evolve with your life.

For example, you may be early in your career now, but later amass significant assets or start a business. Your prenup should include language that accounts for future earnings or allows periodic reviews.

Your attorney can also advise on postnuptial agreements—contracts made after marriage that can amend or supplement the original prenup. This is a useful option if your financial picture changes dramatically down the line.

How Does the Prenup Interact With Other Legal Documents?

Prenups don’t exist in a vacuum. A well-prepared attorney will help you understand how your prenuptial agreement coordinates with other legal documents, such as wills, trusts, and estate plans.

Ask your lawyer how the prenup might affect inheritance rights or beneficiary designations. For instance, if your spouse is waiving rights to certain property, does that match your will or trust documents? If not, you may need to update those records to avoid legal conflicts.

In community property states, your lawyer may explain how a prenup alters the default 50/50 split rule. In common-law states, it might impact how marital versus separate property is classified. Your attorney should ensure that your legal documents are working together—not against each other.

A coordinated approach can prevent costly probate disputes or confusion for surviving family members. If you already have an estate plan, bring those documents to your prenup consultation. If you don’t, this might be the perfect time to create one.

What Emotional and Practical Considerations Should Be Discussed?

While prenups are legal documents, they’re also deeply emotional. That’s why it’s crucial to talk with your attorney not just about legal terms but about the emotional and practical impact of the agreement.

A seasoned prenuptial agreement lawyer will understand that discussing finances before marriage can be uncomfortable. They can offer advice on how to approach the conversation with your partner constructively. Many couples find that working through a prenup helps them clarify financial values, expectations, and goals—laying a stronger foundation for the future.

It’s also a good idea to ask your attorney about managing any fallout from introducing a prenup. They may suggest working with a financial counselor or relationship therapist alongside the legal process. While not required, these steps can ease communication and build mutual trust.

Your lawyer may also caution against rushing the agreement. Start discussions early and allow plenty of time for revisions. This makes the process feel collaborative rather than combative.

Conclusion

Not only the wealthy and well-known have prenuptial agreements. For couples who wish to safeguard their assets, define financial obligations, and establish openness prior to saying “I do,” they are a useful instrument. However, signing one under duress or without thinking can backfire.

You may draft a prenuptial agreement that benefits your relationship and your interests by consulting with a prenuptial agreement lawyer, asking the correct questions, and being aware of the emotional and legal aspects of the process.