Premarital agreements are hard to draft because they can deal with various areas of law. Estate planning and family law are the two biggies, but many different areas of property law can be affected. For instance, I recently was working on a premarital agreement, and the other attorney suggested that, if my client made contribution to his own retirement plan during his marriage, he had to make an equal contribution to his wife's retirement plan. Luckily I realized that the contribution limits for my client's retirement plan (a 401k) and his wife's plan (IRA) were not the same, so we were able to change the language in time. This is one of the reasons why I like working with a non-estate planner on a prenup, and if possible working collaboratively -- we can review the agreement from many different perspectives to make sure it "works."
