Deciding to get married is a big decision, and so is deciding on a prenuptial agreement for your marriage. One of the most important decisions is finding an attorney to draw up the prenuptial agreement. There are few points that you should consider when you are finding a prenuptial attorney.
The first thing is that you and your fiancé will each need a separate attorney. This is important for a number of reasons: if you both use the same attorney, there is a possibility that your prenuptial agreement will be invalidated if you get a divorce. Secondly, both you and your fiancé need to make sure for your own selves that the prenuptial agreement is fair for both parties.
It is hard to discuss the matter of divorce and even death before you are ever married. However, it is important that the prenuptial agreement is an agreement, one that both parties agree to and sign under their own free will. Otherwise, you could be opening yourself up for an invalid prenuptial agreement. If you both have an attorney to explain all the points and procedures of the prenuptial agreement, if you do end up in a divorce, neither of you can say you didn’t understand the agreement when you signed it.
You need to find an attorney that is local and close to you geographically. This is one of those legal documents that will likely require a lot of conversation and probably more than one draft as agreements are met and negotiations begin. This doesn’t have to be a long or arduous journey, and it need not be nasty – the purpose of a prenuptial agreement is to agree to the terms while you are not emotionally strained, as you would be in the middle of a divorce.
Secondly, you need to find an attorney that you trust and that specializes in family law. A family lawyer is the type of attorney who specializes in writing prenuptial agreements. You will want to find a specialist lawyer to help you with your prenuptial agreement, they are the best suited to ensure that the document that is drafted is as iron clad as they can get – this is what is best for both you and your fiancé – to ensure that the agreements you made at a time of happiness and less stress are the ones that you will be okay with should one of you pass away or if your marriage ends in divorce.
Prenuptial agreements are quite common in second marriages, especially when there are children from another marriage. Prenuptials are also popular if there is a significant difference in each of the spouse’s financial resources and premarital wealth. There are many reasons for a prenuptial agreement, and there are attorneys who specialize in writing them for the very reason of their popularity. No one goes into a marriage thinking divorce, however it is best to cover your assets and find an attorney to help you with your prenuptial agreement.