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A prenuptial attorney negotiates contracts between two people before their wedding to outline the conditions of marriage and divorce, protecting assets. Both parties should have their own lawyers, and honest disclosure of assets is important. Experienced premarital attorneys are recommended.
The duties of a prenuptial attorney generally involve negotiating contracts between two people before their wedding. These agreements outline the conditions of marriage and divorce. In general, the purpose of a prenuptial agreement is to protect the assets of both parties against property divisions or settlements that could occur in the event of a divorce or separation. Marriage contracts have been used for centuries to help protect assets and wealth.
While it is possible to draw up a marriage contract without the use of a prenuptial attorney, few people have a thorough enough understanding of marriage law. The time it takes to become familiar with these laws generally makes it impractical for most people to attempt the process on their own. A prenuptial attorney is usually well equipped to offer expert advice on these matters.
It is generally recommended that if a prenuptial agreement is being proposed, both parties to the marriage should retain their own lawyers. Some people make the mistake of believing that a lawyer is acting on behalf of both parties, but most ethics laws make that impossible. Lawyers would generally find themselves in a position of conflict of interest if they attempted to represent both parties. Also, in some jurisdictions, prenuptial agreements are not considered legally binding unless each party has its own prenuptial attorney.
Before hiring a prenuptial attorney, both parties should first discuss what they consider to be important considerations. This will usually make negotiations move forward more quickly, and since most attorneys charge an hourly rate, parties who already have a clearly defined plan will likely save money in attorney fees. While it may be uncomfortable, it is probably important that a frank and honest discussion takes place before hiring lawyers.
Most experts agree that one of the most important ingredients to a legally binding prenup is honest disclosure of assets. If a marriage contract is eventually challenged in court, failure to disclose the assets by one party can often void the entire agreement. Also, it’s probably best if the agreement is signed well in advance of the wedding. Some judges may regard last-minute deals as being signed under duress, another reason to possibly invalidate the contract.
Before hiring a prenuptial attorney, it’s a good idea to make sure they have experience in the field of marriage law. While most attorneys would be qualified in a legal sense, an experienced premarital attorney will likely be able to offer better advice than an attorney who specializes in another area. Most of the time, divorce attorneys also have experience dealing with prenuptial agreements.
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