In the state of California is it required to have an attorney when doing a prenup

UPDATED: Sep 30, 2022

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In the state of California is it required to have an attorney when doing a prenup

In the state of California is it required to have an attorney when doing a prenup? The prenup is only to protect my assets and keep his bills as his, as his ex-wife seems to believe she has rights to my assets. In the event of his death I want his agreements with her to remain solely as his , not my debt.

Asked on January 11, 2017 under Family Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, there is no legal requirement to have an attorney for this purpose; you are allowed to be your own lawyer. Having an attorney is strongly recommended, however, because if it's worth protecting your assets, it's worth doing it correctly: a poorly drafted pre-nup can leave assets vulnterable. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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