Most prenup attorneys are also divorce attorneys. That’s because divorce lawyers know very well the divorce laws of the state and are probably in the best position to advise clients about prenups (to hedge against divorce). However, their strengths can also be their weakness. Although divorce lawyers know the law very well, they also tend to be adversarial and they tend to think about divorce (duh!) more than marriage. How can this hurt?
When couples come in to get a prenuptial agreement, they are about to get married very soon. The prenup process can be stressful enough as it is without an attorney coming in to stir the pot with thoughts of divorce and other nasty situations. I’ve dealt with some great prenup attorneys who were able to walk the line when it comes to talking about divorce and also keeping the couple’s upcoming marriage in mind. Then I’ve dealt with some not-so-great attorneys that inject strife and mistrust into the process.
Believe it or not, I’ve heard attorneys say such things as “he’s trying to cheat you,” “this is an unfair agreement and you’re getting nothing,” “why are you even getting married if you’re not gaining anything,” etc. The list goes on and on.
It’s very important when picking a prenup attorney to know whether the attorney can take off their divorce hat and put on their marriage hat. And if you find out halfway through that they have their divorce hat on, it is not too late (usually) to hire a different lawyer.