Yes, both parties should have their own attorney.

The purpose of a prenup is to guarantee control over your own premarital assets and to minimize any future litigation in the event of a divorce. While technically it is not required by Illinois law, both sides need an attorney as an insurance policy to make sure the agreement will be upheld by a court. This also ensures the prenup meets all technical requirements needed to be upheld by a court.

It is also good evidence to show that both sides entered into the agreement voluntarily. If your fiancé had an attorney, it is likely that all of the provisions of the prenup were explained to him or her and that he or she had someone to negotiate changes to the terms he or she didn’t agree with. And, if he or she had time to find and consult with an attorney, it is likely that the agreement wasn’t entered into under duress because it was too near the wedding.