QUESTION
Do my fiance and I need separate lawyers for a prenuptial agreement? Or can a lawyer act as neutral party to make sure we both understand the terms?
Asked on Apr 29th, 2013 on Divorce - Michigan
More details to this question:
For a prenuptial agreement, do we both need to have separate lawyers or can we both go through the same law firm, essentially having one lawyer who acts as a neutral party who is there more-less to make sure we both understand what it says and act as a witness?
13 ANSWERS
Family Law Attorney serving Peoria, AZ
at
The Law Firm of Jessica M. Cotter, P.L.L.C.
Update Your Profile
For a prenuptial agreement to be valid in the state of Arizona both parties need to have an attorney and the attorney's have to sign off on the prenuptial agreement.
Answered on May 01st, 2013 at 3:04 PM
No you both need to be represented by counsel. Otherwise it could be deemed null if one of you attacks it at a later date.
Answered on May 01st, 2013 at 3:04 PM
You are best served by having separate attorneys review the agreement for each of you.
Answered on May 01st, 2013 at 3:03 PM
Domestic Relations Attorney serving Milford, MI
at
Gabel, Gudmundsen & Gabel, P.C.
Update Your Profile
An attorney drafting a prenuptial agreement cannot represent both parties or remain as a neutral. To do so would be unethical. He or she can draft the agreement on behalf of one of the parties; however, the other party should have it reviewed (and perhaps modified) by separate counsel. When prenups have been challenged in court, one of the factors that courts have looked at in determining whether the agreement is valid is whether each party had separate counsel when negotiating the agreement. Best practice is to have unrelated counsel.
Answered on May 01st, 2013 at 3:03 PM
Child Custody Attorney serving Denver, CO
at
Sturniolo & Associates
Update Your Profile
Yes you both need an attorney since you have separate interests to protect. I can help you with this representation.
Answered on May 01st, 2013 at 3:03 PM
You each should have your own attorney. I would be very skeptical of an attorney who claims to be neutral in such a situation. However, if you want to unwind the prenup down the road, the fact that you did not receive independent counsel is one fact the court would look at in reviewing the validity of a prenup. Best practice is to have your own lawyer advise you along with full disclosure of all assets of your prospective spouse.
Answered on May 01st, 2013 at 3:03 PM
Domestic Relations Law Attorney serving Dedham, MA
at
Alan J. Pransky
Update Your Profile
You should have separate attorneys.
Answered on May 01st, 2013 at 2:55 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
No lawyer worth his or her salt will act as a neutral for a prenup. You both need to consult with independent attorneys to make sure that each of you is protected properly or at least understand the ramifications of the agreement.
Answered on May 01st, 2013 at 2:55 PM
Divorce & Separation Attorney serving Jacksonville, NC
Partner at
The Houser Law Firm, P.C.
2 Awards
Yes. A prenup is worthless enough without adding a slam dunk set aside like you both used the same lawyer.
Answered on May 01st, 2013 at 2:55 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
at
Zahn Law Office
Update Your Profile
You need separate attorneys.
Answered on May 01st, 2013 at 2:54 PM
Divorce Attorney serving Frisco, TX
at
Mackoy, Hernandez, Jones and Woods LLP
Update Your Profile
It would be wise to each have your own lawyer. That approach gives each party the benefit of legal advice from that party's point of view as well as providing more experience with the issues related to property agreements. The ethical rules state that a lawyer cannot represent parties with conflicting interests; therefore, it is unwise for a lawyer to accept responsibility for assisting both parties where there is at least the possibility of conflicting interests.
Answered on May 01st, 2013 at 2:54 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
You should have separate attorneys. I would refuse to "represent" both of you.
Answered on May 01st, 2013 at 2:54 PM
Litigation Attorney serving Charleston, SC
at
The Falk Law Firm, LLC
Update Your Profile
It would be a conflict of interest for one lawyer to represent both parties in negotiating a prenuptial agreement.
Answered on May 01st, 2013 at 2:54 PM