Can One Attorney Draw Up an Effective Prenuptial Agreement for Both Parties?
Planning a marriage involves much more than just the process of arranging for the wedding. Your impending marriage forms a partnership that involves everything from buying a home to having children. While you may have difficulty imagining having to address any major issues independently, a prenuptial agreement definitely requires that both parties retain lawyers dedicated solely to their individual interests.
You need to understand that these agreements are not so much about your marriage, but about your rights in the event the marriage ends. According to Forbes.com, obtaining your own legal representation can help avoid issues such as the following:
- Having the courts enforce an agreement that leaves you in an unsatisfactory personal or financial condition after divorce
- Having the courts set aside the agreement due to insufficient legal representation
- Having the courts view the agreement as coerced
Even from a practical standpoint, two lawyers are better than one. Before you draft a prenuptial agreement, you need to do a full accounting of the assets and financial obligations each party brings to the marriage and a host of other details. Keep in mind that this document is enforceable as a contract. Your own attorney can accurately document everything you have to help ensure that you retain your own property and, just as importantly, that you can dictate what happens to your estate upon death.