This pre-marital or pre-agreement applies to situations in which both parties have engaged independent legal advice or where both parties have made a considered decision not to do so. Confirmation that the couple entered into the contract freely and took advantage or took the opportunity to seek independent legal advice You do not need to consult a lawyer to draft a prenup contract, but marriage contracts must be written to be valid. It is in your best interest to use a marriage contract form that has been verified by a lawyer instead of recreating one from the bottom in time. Many people use online marriage legal forms as a basis for organizing their contracts. When developing a prenup, there are two goals you should aim for: a fair trial and fair conditions. While courts may take different positions on what is right and what is not, the process of negotiating the prenup and the terms of the agreement are generally the same in all 50 states.