We came to understanding about what we think is fair in light of relative fianances etc. She has been counseled by financial advisors. CT law where we live gives court discretion to do almost anything so she understands that it is possible she could get more if she did not sign. Intended to use lawyer but minimal charge is 10k each and that is more than entire wedding and honeymoon. i am NY lawyer in IP but drafted up agreement based on forms and examples I found attached to affidavits. If we both think this is fair and the agreemtn explains the basis for our making that decision how likely is it a judge would set it aside/
While I am a New York Lawyer, not a Connecticut lawyer, I believe that it is always best to have a lawyer help with a prenup. While there are never guarantees, this will highly diminish the risk of the agreement being set aside. It really depends on the circumstances. It will depend on what rights are being waived and the acknowledgements made as well as the financial circumstances of the parties (what assets and income exist). It is also important that the parties understand what the law would otherwise confer unto them if the document didn't exist. I highly recommend trying to find a lawyer in your area at a lower rate. Maybe you can be charged hourly and even if the retainer amount is high, you can get reimbursed for whatever is left over after the work is done.
I'm an MA, not CT attorney. That being said, a minimum of $10K each for a prenup sounds really outrageous. My office (and many other attorneys in greater Boston) routinely charge flat fees starting as low as $1,500 (depending on the complexity of the agreement, whether we are drafting/reviewing, etc.). I would highly recommend using the find a lawyer tab and doing some shopping around, because to be frank, even if someone's working on an hourly basis, $10K is way too much.
I'll make 2 quick notes: 1) whether a prenup will be enforced is only an issue if someone disputes it at the time of the divorce--if no one disputes it, it's a non-issue (unless CT shares MA's "second look doctrine" and your circumstances are wildly different at the time of your divorce). 2) based on the facts you provided in your question, I'm assuming you're the party who has more to lose if the prenup is found invalid. While the $20K (and again, that seems especially absurd) may cost more than wedding + honeymoon.. is it more than you stand to be liable for in a divorce?
Prenups *aren't* just another contract and most states *do not* treat them like any other contract. Even with experienced family law attorneys involved, they aren't bullet proof. Why invest the energy in one at all if you don't know whether or not the terms you're including are enforceable/there's a clear difference in level of sophistication of the parties that might call the validity into question?
