QUESTION
If we signed a pre-nup with a shared attorney is it valid?
Asked on Oct 16th, 2013 on Divorce - Washington
More details to this question:
My wife and I signed our pre-nup with a shared attorney. I heard it may not be valid unless we have individual representation. Is this true?
7 ANSWERS
Yes, it is possible that the court would not uphold the agreement where there has been no individual representation.
Answered on Oct 17th, 2013 at 4:32 PM
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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In Arizona there does not appear to be any provision in the statute that requires either party to be represented by counsel.
Answered on Oct 17th, 2013 at 11:49 AM
Alimony Attorney serving Rockville, MD
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Law Offices of Aimee C. Robbins
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Yes that would be an good argument to invalidate the pre-nup as you should have had independent counsel. One attorney representing two parties to a pre-nup is a definite conflict of interest and unethical. However, your pre-nup language may contain a provision that you were advised to obtain independent legal representation and you neglected to do so.
Answered on Oct 17th, 2013 at 10:24 AM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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The court will look at all of the circumstances, including the fact that you did not have individual representation, to determine whether or not the pre-nup is valid. This fact would certainly make a great argument that the document is not valid with a great chance of winning the argument.
Answered on Oct 17th, 2013 at 9:35 AM
If the parties did not have independent representation, it is certainly possible a claim of undue influence and coercion could invalidate the agreement.
Answered on Oct 17th, 2013 at 7:29 AM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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The validity of a premarital agreement depends upon the circumstances of the particular case and all circumstances, including whether each party was independently represented, at the time of execution of the agreement. Under no circumstances should one attorney represent both parties to a prenuptial agreement.
Answered on Oct 17th, 2013 at 3:07 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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The lawyer clearly had a conflict of interest and may have committed malpractice unless you both signed a waiver allowing him to represent both of you. That does not necessarily invalidate the pre-nup.
Answered on Oct 17th, 2013 at 3:05 AM