Dear Fran: Congratulations on your upcoming nuptuals!
Smart of you to search out some information first, before you get married or enter any contracts - it is very typical that persons getting married at your age have estate planning in place and families who have expectations about what will happen to you, and expectations about your estate planning. If you don't have a will, a DPOA and a health care directive, you should.
A pre-nup has to be fair on its face, and has to reflect that each party had an opportunity to consult with their very own attorney before signing it.
"Fair on its face" means that when a judge reads it, he has to see that one party is not benefitting at the other's expense. A pre-nup in your situation should provide that each of you has accumulated property which you prefer to leave to your respective estates, rather than willing to the other at the expense of your estates, or by operation of law when either of you does not have a will. That is why this is a great time to update your estate planning.
Having an opportunity to consult with your own attorney means exactly what it says. No responsible attorney is going to advise both you and your fiance as your interests could diverge and the attorney could not then help either of you. I know this makes no sense to most people, but attorneys cannot represent both opposing sides. It cannot be done because the rules of professional conduct flatly prohibit this.
The trick is finding two separate attorneys who will each represent one of you and draft/review a pre nup without costing you a fortune. A well regarded local firm can be a great resource for you right now. If you use Google and search for "American Association of Matrimonial Lawyers" for Erie, PA, you will find a firm like this. Pre-nup work is a welcome change of pace. Should not be too pricey; you are talking about a couple of hours worth of work. Hope this helps. XXXXX XXXXX