
21 Jan How Can An Attorney Help With A Prenup?
Perhaps the most important component of a prenuptial is that it adheres to proper state law. Prenuptials that do not conform to the legal standards risk being thrown out of court.
To ensure that a prenuptial meets state law and is enforceable, it is prudent to enlist the services of an experienced and reputable family law attorney. It is worth noting that some states require each party to a prenup to have a different attorney represent them. Texas does not, but the agreement is unenforceable if signed involuntarily. Having a lawyer for each fiancé diminishes the likelihood that a party will successfully argue the prenup was not signed voluntarily.
When it comes to finding an attorney for your prenuptial agreement, there are several considerations to keep in mind.
- Confirm the lawyer that has a valid license to practice law and is in good standing with the local bar association. With the proliferation on online services, this can be a problem.
- Choose an attorney experienced in writing and litigating prenuptial agreements. Courtroom experience enforcing and defending prenups is valuable when writing one.
- Verify the attorney’s fees and clarify what services are covered and what, if any, services will require additional fees.
Getting married is a big step and protecting your individual and joint future is a smart way to mark your union. By enlisting the help of an experienced prenuptial attorney, you can have peace of mind and not have to worry about questions like, “Can children be written into a prenup?”
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