Clients approach our Monroe NC divorce attorney with various questions on prenuptial agreements and if they need legal counsel. In certain situations, a lawyer can be especially helpful in protecting your rights.
One of the main points that you need to remember is the importance of being truthful about all debt and assets when drawing up a prenuptial agreement. A fraudulent contract can mean serious legal complications, causing the entire premarital contract to be dismissed.
Each person will need their own lawyer. Even if they want to save money, they should never share counsel. The courts can later say that a conflict of interest arose, which would cause legal complications. In addition, one of the parties could allege that he or she did not have proper legal representation in the event of a lawsuit. This allegation could mean that the court declares the prenuptial agreement null and void and does not enforce it.
Complications in Representation
When only one lawyer attempts to represent both parties, he or she will be put in a position of trying to provide unbiased legal counsel to both individuals. If he or she offers advice, both parties might assume the advice is meant for them, causing serious complications in the case. Even if the parties sign waivers, claiming that they understand the possible complications and revoking their right to a lawsuit, the attorney should refuse to represent them both. It is easier to simply turn down the case from the start since this type of prenuptial agreement almost automatically means eventual litigation. Furthermore, the parties could even take legal action, via a malpractice lawsuit, against the lawyer.
Contact Our Monroe NC Divorce Lawyer
If you want clarification on appropriate legal representation for prenuptial agreements, contact our Monroe NC divorce attorney at the Khan Law Offices.