Proof of Voluntariness
A spouse advised by their own counsel cannot easily claim later that they signed without understanding or choice.
The Core ProtectionMonday - Friday8:30AM - 5PM
OfficesFairfax | Manassas
Prenuptial Agreements · Virginia
Two lawyers, one goal:
an agreement nobody can attack.
It sounds backwards: hiring a second attorney to review the prenup makes the agreement stronger for both of you. But that is exactly how it works. When each person was advised by their own counsel, the most common challenge to a prenup dies before it starts.
First call is a conversation, not a commitment. · By Alisa Chunephisal, Esq.
The Short Answer
No Virginia statute requires each spouse to have a lawyer for a prenup to be valid. But independent review is one of the best protections an agreement can have, because the main legal attack on a prenup is that it was not signed voluntarily under Virginia Code § 20-151(A)(1). A spouse who was advised by their own counsel has a very hard time making that claim.
How It Works
Why one lawyer cannot serve two clients here.
Here is the honest picture: a prenup is a negotiation between two people whose interests are not identical, however much they love each other. The structure of the review should match that reality.
The conflict nobody likes to name
A prenup gives things to one spouse that the other gives up, and the reverse. That makes the two of you, for this one document, parties with different interests. An attorney can ethically represent only one of you in that negotiation. When a couple shares a single lawyer, that lawyer represents one spouse, and the other is unrepresented whether they realize it or not. The unrepresented spouse is the one who, years later, says: I did not understand what I was signing, and nobody was looking out for me. That sentence is the opening line of almost every prenup challenge we have ever seen.
How independent review protects the agreement
The strongest attack on a Virginia prenup is involuntariness under Va. Code § 20-151(A)(1): the claim that a spouse signed under pressure, without understanding, or without real choice. Independent counsel answers that claim before it is made. A spouse who had their own lawyer received an explanation of every term, had the chance to negotiate, and chose to sign with full understanding. Courts see that history and the involuntariness argument loses its footing. The same is true of the unconscionability attack: terms that were reviewed and negotiated by counsel on both sides are far harder to paint as one-sided impositions.
This is why the spouse with more assets should want the other spouse to have a good lawyer. It feels counterintuitive and it is the most protective money in the whole process. The agreement you are paying to create is only as strong as the other side's ability to challenge it is weak. Independent review is what makes it weak.
What the review actually involves
Independent review is not adversarial and it is usually not long. The reviewing attorney reads the draft, walks their client through what each term means and what rights it gives up, compares the terms against the disclosure, raises any concerns, and negotiates adjustments where needed. Most reviews produce a handful of reasonable edits and a client who signs with confidence. The agreement then typically recites that each party was represented by counsel of their own choosing, which becomes one more piece of armor in the document itself. Budget a few weeks for this phase. It is the step that turns a document into a settled question.
The ruleNo Virginia statute requires independent counsel for a valid prenup. The agreement needs writing, signatures, voluntariness, and fair disclosure.
The riskAn unrepresented spouse is the natural source of the involuntariness claim under Va. Code § 20-151(A)(1), the most common attack on a prenup.
The practiceEach spouse retains their own attorney to review, explain, and negotiate the draft, and the agreement recites that both were represented.
The payoffA signed agreement both people understood, negotiated, and chose, which is the hardest kind to ever set aside.
The Statute, Plainly
Virginia Code § 20-151(A)(1) makes a premarital agreement unenforceable if it was not executed voluntarily. Independent counsel is not required by the statute, but it is the most direct proof of voluntariness a couple can build: each spouse advised, each term explained, each signature an informed choice.
Va. Code §§ 20-149, 20-151(A)(1) · verified as of June 2026
What the Review Delivers
Six things independent review gives both of you.
The second lawyer is not an obstacle to the agreement. They are part of what makes it permanent.
Every Term Explained
The reviewing attorney translates each clause into plain English: what it gives, what it waives, what it costs.
Informed ConsentA Fairness Check
Fresh eyes compare the terms against the disclosure and flag anything that reads as one-sided before it becomes a problem.
Caught EarlyReal Negotiation
Reasonable edits proposed and resolved now, between lawyers, instead of fought over in a courtroom later.
Edits, Not LawsuitsRepresentation Recitals
The agreement states that each party had counsel of their own choosing, armor written into the document itself.
In the DocumentConfidence on Both Sides
Two people who each understood what they signed start the marriage with the question genuinely settled.
Actually SettledThe Practical Side
What makes the review count, and what undermines it.
The protection comes from genuine, unhurried review. A rubber stamp gives you the cost without the benefit.
+ Helps your case
- Each spouse choosing their own attorney, freely
- Weeks built into the timeline for review and negotiation
- The reviewing attorney seeing the full financial disclosure
- Edits actually considered and resolved, not brushed aside
- A recital in the agreement that both parties had counsel
− Hurts your case
- One lawyer "representing" both of you
- Picking and paying for your partner's attorney without their input
- A review squeezed into the week of the wedding
- Pressuring your partner to skip counsel to save money
- Treating every proposed edit as an insult instead of a negotiation
Alisa Chunephisal, Esq.
Founding Partner
Attorney Insight
What I tell the spouse who wants to skip the second lawyer.
"The cheapest way to lose a prenup is to save money on the other side's lawyer. Their attorney is your insurance policy."
Alisa's honest counsel: pay for the review you are tempted to skip.
When I represent the spouse with more assets, I tell them the same thing every time: insist that your partner gets their own lawyer, give them time to use that lawyer, and welcome the edits that come back. Every change negotiated now is an argument that can never be made later. And if your partner picks their own attorney, even better. The more genuine their representation, the more permanent your agreement. Independence is the entire point. Protect it.
More on Prenuptial Agreements
Related parts of a Virginia prenup.
01
Premarital Assets
Read more → 02Business Interests
Read more → 03Inheritances & Gifts
Read more → 04Debt Protection
Read more → 05Spousal Support Terms
Read more → 06Children From a Prior Marriage
Read more → 07Postnuptial Agreements
Read more → 08Full Financial Disclosure
Read more → 09Independent Review
You are here 10Updating the Agreement
Read more →Questions People Actually Ask
Plain answers about independent review.
These are the questions we hear most about separate counsel. If you have a different one, we are happy to answer it directly.
Have a specific question?
Call 571.260.0999 or send us a message.
Do both of us legally need a lawyer for a Virginia prenup?
No statute requires it. A Virginia prenup needs to be in writing, signed by both parties, entered voluntarily, and supported by fair disclosure. But independent counsel for each spouse is strongly recommended, because the most common legal attack on a prenup is involuntariness under Va. Code § 20-151(A)(1), and a spouse who had their own lawyer can rarely make that claim stick.
Can one attorney represent both of us?
No. A prenup is a negotiation between two people with different interests, and an attorney can ethically represent only one side of it. When a couple shares one lawyer, one spouse is unrepresented, and that spouse becomes the natural source of a future challenge. Two attorneys is not a sign of distrust. It is the structure that matches what the document actually is.
Who pays for the second lawyer?
Couples handle it differently, and either way can work. Often the spouse with more assets offers to cover the cost of the other's review, which is fine as long as the choice of attorney genuinely belongs to the represented spouse. What matters is independence: each spouse freely chooses their counsel and that attorney answers only to them.
What if my partner's lawyer wants changes?
That is the process working, not failing. Most reviews produce a handful of reasonable edits, resolved between the attorneys in days. Every change negotiated before the wedding is an argument that can never be raised after it. An agreement that survived genuine review on both sides is the strongest kind there is.
When You Are Ready
Drafting or reviewing, we have a side of the table for you.
We draft agreements, and we review agreements drafted by someone else's counsel. Either way, you will understand every word before you sign. Three offices across Northern Virginia, one phone number.