Do Both Spouses Need Lawyers for a Prenup?

A prenup is a contract that can help you establish the ground rules in the event of a divorce, which can pave the way toward a happier marriage. And highly specific requirements apply. While you and the person you’re marrying are not required to each have a lawyer when creating your prenup, failure to do so can suggest a lack of transparency or good faith. And this could potentially invalidate your prenuptial agreement. In addition, not having trusted legal representation on your side puts your financial rights at risk. Our experienced Virginia prenup attorneys at Bristle Schulze can help.

Prenuptial Agreements: Best Practices

There is a difference between legal requirements and best practices, and it’s considered a best practice for each spouse to have their own professional legal counsel in relation to a prenup. If you fail to take this precaution, your agreement will be far more vulnerable to successful challenges in the event of divorce. The whole point of having a prenup is to protect your financial rights, and if the court ultimately throws out your agreement, you’ll be back to square one.

Virginia’s Laws and the Risks Associated with Not Having a Prenup Attorney

Virginia’s Premarital Agreement Act governs prenups in the state, and the related requirements include the following:

• The agreement must be in writing and must be signed voluntarily by both soon-to-be spouses. This means that neither can be coerced or pressured into signing the contract.
• Each soon-to-be spouse must provide the other with a reasonable disclosure of their assets and debts. Either can, however, sign a written waiver of disclosure that omits this requirement.

If, for example, your soon-to-be spouse doesn’t have a prenup lawyer representing them during the prenup process, they’ll have a stronger basis for later claiming they were misled in some way. For example, they may say they felt pressured to sign the agreement or didn’t have a clear understanding of what they were signing.

When each of you works closely with your own knowledgeable prenuptial agreement attorney, there is far less risk that your prenup won’t hold up in court. In other words, hiring a prenup attorney isn’t required by law, but it is the surest way to protect your best interests.

One Prenup Lawyer Can’t Represent Both of You

Too many couples are under the impression that they can save on legal fees by simply sharing a prenup attorney. This is not, however, how it works. It is a conflict of interest for one prenuptial agreement lawyer to represent both of you, and it wouldn’t do either of you any favors.

Our Experienced Virginia Prenup Lawyers Welcome the Opportunity to Help

Our resourceful Virginia prenup attorneys at Bristle Schulze are committed to fiercely advocating for your rights in creating a prenuptial agreement that serves you well. We are on your side and here to help, so please don’t wait to reach out for more information by contacting us online or giving our firm a call at 703-454-0701 today.