Why Estate Planning Attorneys Shouldn’t Write Prenups
- Rebecca S. Wright
- 5 days ago
- 3 min read
While estate planning and family law may overlap in some ways, they are two very different areas of practice. And when it comes to prenups, the stakes are too high to leave to chance.
When you’re engaged and planning for your future, it’s natural to think about your legal and financial life as one big package: marriage, prenup, estate plan, retirement, and maybe even your first home. But just as you wouldn’t ask your dentist to put on braces, you shouldn’t ask your estate planning attorney to draft your prenuptial agreement.
Dentists vs. Orthodontists: A Useful Analogy
Estate planning attorneys are like dentists — they keep your long-term health in mind, preventing problems and protecting you with trusts, wills, and tax planning strategies.
Family law attorneys are like orthodontists — they deal with the unique, highly specialized work of keeping relationships, rights, and obligations in alignment.
You wouldn’t go to an orthodontist to fill a cavity, and you shouldn’t go to a dentist to realign your bite. Similarly, prenups belong in the hands of an attorney who understands marriage and divorce law inside and out.
The Risks of Letting an Estate Planner Write Your Prenup
Even the most competent estate planning attorney is unlikely to have the day-in, day-out experience needed to anticipate how a prenup will play out in a divorce courtroom. Here’s why that matters:
Prenups Aren’t “Basic.” There is no such thing as a one-size-fits-all prenuptial agreement. Every couple’s financial life, relationship, and goals are different — and so are the legal nuances that must be addressed.
Prenup Laws Are Complex and State-Specific. A prenup that looks fine on paper can be thrown out in court if it doesn’t comply with strict state requirements for disclosures, timing, and fairness.
Divorce Law Is Complex and State-Specific. In Wyoming, courts have broad discretion when it comes to divorce. This means there is a wide body of nuanced case law to be aware of when protecting clients from default divorce law. Estate planning attorneys don't likely have extensive family case law knowledge or trial experience.
Ethical Pitfalls for Dabblers. Attorneys who occasionally draft prenups without a solid foundation in family law risk violating their ethical duties — and leaving their clients with agreements that won’t hold up, or fail to address local courts' discretionary habits.
Where Estate Planning and Prenups Overlap
Yes, your prenup and estate plan may intersect — and that’s exactly why collaboration is so powerful. A family law attorney can create a prenup that aligns with your wishes, then work with your estate planner to ensure your will, trust, and beneficiary designations match your plan. This two-professional approach is the best way to cover all bases without creating conflicts or loopholes.
Choosing the Right Professional for the Job
If you are engaged and considering a prenup, or if you’re an estate planning attorney advising a client, the best step is to involve a family law attorney early in the process. At Wright Law, LLC, we focus on marital agreements every day — we know what judges look for, how to avoid disputes, and how to protect both partners fairly.
By investing in the right expertise now, you’re not just signing a contract — you’re laying the groundwork for a marriage built on clarity, trust, and peace of mind.
