Location: California
Hello, my spouse and I recently signed a prenup and got married. We just used an online service (HelloPrenup) to draft the prenup. The service seemed to be pretty good, but we forgot to do one thing: in the prenup it states that we want to waive spousal support but to be in accordance with Fam. Code §1615 we must:
- Each sign an independent waiver confirming this
- Have independent counsel
We didn’t do this, so I believe we effectively do not have spousal support waived. Now, post-marriage, we are looking to get this done. From my research, it seems that this can only be done in either:
- A prenup amendment
- A postnup
It’s unclear to me what the differences of each really are, or which is easier. Ideally we just keep the same exact prenup terms in place but just do this waiver + independent counsel requirement.
The issue for us is, a lawyer where we live is extremely expensive. I called around my local area, and got quoted an estimated 2k *per lawyer* to meet this “independent counsel” requirement. While I am fine with begrudgingly paying this amount, my spouse refuses to spend this much.
Is there some easier / cheaper way to fulfill this “independent counsel” requirement? It’s my understanding that the lawyer’s role in this is quite trivial – so unlike most situations, we really don’t need the best or the brightest lawyers, we just need someone who has enough credentials to qualify as “independent counsel”. We are even flexible on time.
Or it’s possible I misunderstand the situation, in which case I’d be happy to be corrected.
Thanks!