In most states, you are not required to hire an attorney. However, in some states, attorney advice or representation is required for enforcement.
As of 11/1/24, the only statutory or caselaw-mandated requirements for having an attorney review and sign off on your prenup are if you:
- In California: Waiving or modifying spousal support.
- In Alabama: No matter what
- In South Carolina: No matter what
- In West Virginia: No matter what
- In New York: Adding Embryo Clauses
In many other cases where a prenup is being challenged, courts will look at whether or not you or your future spouse had the opportunity to obtain legal advice.
HelloPrenup covers this option for you by giving both you and your partner immediate access to our Independent Network of Partner Attorneys. If you and your partner choose to not use our attorneys, you will waive your right to counsel as part of your HelloPrenup agreement.