Deciding whether or not to hire your own attorney for prenup negotiations will depend upon the prenup itself and your comfort level with the issues it covers. If your partner has hired an attorney to draft the prenup, you may want to retain your own counsel to ensure your interests are protected. This is especially true when the prenup addresses complex legal and financial situations that you may not fully understand.
Typically, the attorney(s) are paid by the spouse requesting the prenup which is usually the wealthier of the two parties. But even if your attorney receives his or her check from your fiance’, he or she is ethically obligated to represent your interests in the prenup proceedings.
On the flip side, if the prenup is relatively straightforward, addresses fairly simple issues and you are comfortable that all of you and your future spouse’s assets are disclosed and covered in the agreement, you may feel comfortable handling things yourself.
As an alternative to hiring attorneys, you and your partner may want to consider using a do-it-yourself prenup form and save your money for that honeymoon in the Bahamas.