Use these questions during consultations to determine if the lawyer is the right fit:

Experience & Expertise

1. How many prenuptial agreements have you handled in this state?
   • Look for a lawyer who specializes in family law and prenups, not just a general practitioner.
2. Are you familiar with my state’s prenuptial agreement laws?
   • Ensure they understand state-specific enforceability rules (e.g., attorney requirements, waiting periods, disclosure laws).
3. Have you handled prenups with similar financial situations to mine?
   • If you have a business, significant assets, debts, or future inheritance concerns, they should have experience dealing with such cases.
4. How do you approach negotiating terms with my fiancé(e)’s lawyer?
   • Avoid lawyers who push aggressive tactics—the prenup should protect both parties without making the process adversarial.

Process & Legal Approach

1. What terms do you usually recommend including in a prenup?
   • They should mention key provisions like asset division, spousal support, business ownership, and debt liability.
2. What can make a prenup unenforceable in my state?
   • A knowledgeable lawyer should discuss full financial disclosure, fairness, voluntariness, and state-specific rules.
3. Do I need to provide my fiancé(e) with time to review the agreement before signing?
   • Some states (e.g., California) require a waiting period before signing. Your lawyer should know this.

Costs & Fees

1. What is your fee structure for drafting and reviewing a prenup?
   • Are fees flat-rate or hourly? Get a clear estimate of total costs.
2. Are there any additional costs (e.g., revisions, negotiations with my fiancé(e)’s lawyer)?
   • Ensure there are no surprise charges later.
3. If my fiancé(e) and I largely agree on terms, can you provide a lower-cost streamlined service?
   • Some lawyers offer flat-fee services if there’s minimal negotiation required.

Other

1. Can you provide references from previous prenup clients?
   • If a lawyer hesitates or refuses, that’s a red flag.
2. Have you ever had a prenup you drafted challenged in court? If so, what was the outcome?
   • A lawyer with solid drafting experience should be able to avoid unenforceability issues.