Do We Need Separate Attorneys for a Prenuptial Agreement?

Can engaged partners save time and money by sharing one lawyer for their prenuptial agreement, or does that shortcut invite future headaches? Couples often assume a single attorney can act as a neutral scribe, especially if they agree on big-picture terms. Yet the decision raises concerns about fairness, enforceability, and fundamental ethical principles that regulate every lawyer’s practice. 

By unpacking California statutes, national ethics standards, and real-world risks, engaged couples can decide whether joint representation protects their interests or quietly puts the agreement at risk. Clear answers today can spare expensive fights tomorrow.

For a full overview of California’s requirements, timelines, and enforceability rules for prenuptial agreements, read our California Prenuptial Agreement Guide. 

Legal Representation in a Prenup is Necessary

A prenuptial agreement can shape a couple’s financial life for decades, controlling spousal support, property division, and future inheritance rights. Because the contract limits default community property rules, courts need proof that both parties understood the stakes and made informed choices.

Independent legal advice offers that evidence. Each spouse’s attorney must explain their rights, highlight any hidden pitfalls, and confirm that neither spouse was rushed or misled. Without independent counsel, a judge may suspect coercion, especially if the terms tilt heavily toward one side. Therefore, who provides advice—and to whom—often decides whether the prenup stands or collapses.

California’s Rules Versus Other States

California adopts the Uniform Premarital Agreement Act but layers on extra protections. Family Code section 1615 states that a prenuptial agreement is presumed to be involuntary unless the disadvantaged spouse either had independent counsel or knowingly waived it in writing, after being informed to hire a lawyer at least seven days prior to signing. 

If the contract limits spousal support, independent lawyers on both sides are practically mandatory; waiving that right later can render the clause invalid. Some states, such as Texas, allow more leeway, and others, like New York, rely mainly on general contract principles. Because state lines change the rulebook, couples planning to move—or with property in several jurisdictions—should heed the strictest standard to keep the document portable.

Conflicts of Interest With One Attorney

Ethical codes treat a lawyer as a fiduciary owing each client undivided loyalty. The American Bar Association’s Model Rule 1.7 prohibits a lawyer from representing clients whose interests may conflict unless each gives informed, written consent and the lawyer reasonably believes that both can still receive diligent service. 

In prenups, interests inevitably diverge on spousal support, property control, or debt responsibility. Even when partners appear aligned, circumstances can shift: a business might grow, or one spouse may pause a career for childcare. Courts scrutinize whether the attorney secretly favored one client, whether financial disclosures were uneven, and whether the weaker party truly understood the trade-offs. Joint representation thus carries a built-in risk of later challenges and malpractice claims.

When Couples Still Attempt Joint Representation

Some couples ask a single lawyer to draft what they call a “neutral” agreement. The attorney may try to operate as a mediator, explaining options without advocating for either side. Even then, professional rules classify the lawyer as representing both parties the moment legal advice is offered. 

Waivers of conflict can help, but do not erase the duty of loyalty. If negotiations uncover real tension—say, over future alimony—the lawyer must withdraw or insist that each party secure separate counsel. Mediated or “scrivener-only” models can work for straightforward estates, but they live on a knife-edge: one misstep with disclosure or language can sink enforceability.

Benefits of Independent Counsel

Independent attorneys strengthen a prenup in three significant ways. First, they shield the contract from claims of duress or unequal bargaining power, which California courts examine closely when spousal-support waivers are on the table. Second, dual counsel encourages full asset disclosure, thereby reducing the likelihood that hidden debts or businesses will surface later and spark litigation. 

Third, individual lawyers can tailor provisions—such as step-ups in support after children arrive—that a neutral drafter might overlook. The upfront cost typically pales in comparison to the six-figure fees associated with contested divorces that overturn shaky agreements.

Cost and Timing Considerations

Hiring two lawyers does add expense, but the premium is often smaller than couples expect. Basic reviews of a drafted agreement can run under one thousand dollars per side, while full drafting may range from two to four thousand dollars each, depending on complexity. 

Planning early lets attorneys work on regular schedules instead of emergency timelines that trigger rush fees. California’s seven-day waiting rule between final draft and signing means partners should start the process no later than two months before the wedding to avoid last-minute pressure and expensive overnight revisions.

Steps to Ensure a Valid, Fair Prenup

The safest path follows a clear sequence of steps. Each fiancé meets privately with their lawyer to outline goals and collect bank statements, tax returns, and appraisals. Drafting begins with transparent asset lists so both lawyers can spot imbalances early.

After a full review, the lawyers exchange proposed edits, ironing out spousal-support caps, business-growth carve-outs, or inheritance safeguards. Once the parties reach an agreement, the final document is circulated, and the mandatory waiting period begins. Signing occurs in front of a notary, locking in the terms on the eve—or preferably the weeks—before marriage.

Common Myths Debunked

One myth claims sharing an attorney saves money without weakening enforceability. In reality, courts question agreements drafted under joint representation, and any savings can evaporate in courtroom challenges. 

A second myth says waiving counsel automatically voids a prenup. California allows a written waiver, but it must be knowing, voluntary, and timed correctly; missing a single requirement invites later attack. A third myth warns that hiring two attorneys inevitably leads to conflict. Skilled family-law lawyers resolve most issues quickly, and their independent advice often keeps the relationship—and the contract—healthier by clarifying expectations up front.

Main Takeaway

While a single lawyer may seem like a shortcut for creating a prenuptial agreement, the legal and ethical landscape shows that this shortcut can lead straight to a dead end. California’s strict rules on independent counsel, national ethics standards, and the ever-present risk of conflicting interests all stack the odds against joint representation. 

Choosing separate, qualified attorneys may cost more in the moment but buys lasting security, clearer negotiations, and a much stronger shield against future disputes. Engaged couples who value both fairness and enforceability will see that dual counsel is not an extravagance—it is the foundation of a prenup built to last.

Start your Prenup Conversation Today

Protect your future with trust. Schedule a consultation today with a Pasadena prenuptial agreement attorney at the Law Offices of R. Ross Jacinto and receive guidance tailored to your unique relationship and goals.

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