If you and your partner are considering a prenup, you’re probably trying to keep things simple, respectful, and collaborative. One of the first questions couples often ask is: Do we each need our own lawyer or can we just use one?

It’s a great question—and one that doesn’t always have a clear answer on Google. Let’s walk through what Colorado law allows, what’s common, and how to choose the path that feels right for your relationship.

Short Answer: Sometimes, Yes, but It Depends

In Colorado, it’s legally possible for both parties to use the same attorney for a prenup, but only in very specific circumstances. Most often, each person should have separate legal counsel—especially if the prenup includes complex terms, significant assets, or anything that could later raise questions about fairness.

Why Do Lawyers Recommend Separate Attorneys?

A prenup is a legal contract between two people who are, technically speaking, on opposite sides of the agreement. For that reason, most lawyers prefer that each party gets independent legal advice before signing.

Separate representation:

• Advocates for each parties’ individual interests
• Strengthens the enforceability of the prenup
• Helps avoid future claims of pressure, coercion, or misunderstanding
• Promotes fair negoitation

When Is Joint Representation an Option?

There are situations where joint representation might make sense. For example:

• The couple agrees on everything upfront and has similar financial positions
• The agreement is straightforward
• Both parties understand the risks and limitations of working with one attorney
• Both parties waive the conflict of interest in writing

At Lester Law, we’re sometimes able to offer joint representation for prenups but only when it’s ethically appropriate and both partners feel fully informed and comfortable. If there’s any hint of pressure or imbalance, we may recommend separate counsel to protect the integrity of the agreement (and your relationship).

What If Only One Person Has an Attorney?

It’s not required by law for both parties to have lawyers, but it’s strongly recommended. If only one person is represented, the other must voluntarily waive the right to have their own independent counsel. Without that, the prenup may be harder to enforce later.

In Colorado, courts look closely at whether each party understood the agreement and had a fair chance to review and negotiate. Having your own attorney helps ensure that.

How Do We Decide What’s Best for Us?

It depends on your goals, your finances, and your communication style. If you’re unsure, start with a conversation. Ask each other:

• Are we both comfortable with one lawyer helping us draft the agreement?
• Would having separate attorneys make this feel safer or clearer?
• Do we each feel fully informed and empowered in this process?

These aren’t just legal questions; they’re relational ones. And they deserve to be handled with care.

The Bottom Line

Yes, in some cases you can use the same lawyer for a prenup in Colorado, but it should be decided after you’ve had a chance to learn and consider the advantages and disadvantages to each option. What matters most is that both of you feel informed, respected, and confident in the process.

At Lester Law, we’ll help you explore your options and decide what approach fits your relationship best. Whether you work with us together or separately, our goal is the same: a thoughtful, legally sound prenup that supports your partnership, not undermines it.

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This website includes information about legal issues. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. You should contact an attorney for advice on your specific legal problems.