Post # 1
Fiance and I are having a prenup drafted currently. Actually, my attorney is drafting it. Basically, he wants to protect his business and his inheritance in the event of a divorce. Are there any family law attorneys on the board who could help me with prenup “must haves” that I should include to protect me and our future children? My attorney is doing a pretty good job I think with additions that will protect me, but I”d like to get some outside advice.
Post # 3
Can you clarify a few things? Your attorney is drafting this prenup to protect your fiance’s assets? I’m not a family law attorney, but I’m pretty sure you both need to get independent legal advice in order for this prenup to be held valid and legally enforceable. Your attorney should have advised you to seek independent counsel for your protection. And I’m not sure what you mean when you say he is “your” attorney, but he may be in breach of conflict of interest rules here.
Like I said, I’m not a family law attorney, but this sounds sketchy to me. I would book a consultation with an actual family law attorney if I were you.
Post # 4
@ilovegaleharold: I’m not an attorney but my FI and I consulted with an attorney when we were kicking around the idea of having a pre-nup drafted. First and foremost, each of you need your OWN attorney. The pre-nup will not hold water if you are both represented by the same attorney.
Having said that, some of the things FI and I discussed were
- Who would retain our primary residence in the case of divorce.
- What compensation would I receive if we were to divorce and I wasn’t working
- What items are off-limits in the event of a divorce
- We also discussed how long those provisions would stay in place. For instance…after 10 or 15 years (whatever we would have decided on) both of us would have equal stake in all possessions.
Also, even if you put provisions in the pre-nup about any children you may have, the family court still has the final say.
Post # 5
I have to agree with Jayce. DH and I had a prenup drawn up to protect my assets, and so my lawyer drafted the prenup, DH’s lawyer reviewed it and recommended any changes, we agreed and signed. Easy peasy. But yes, you should each have independant counsel otherwise it’s a conflict of interest. One lawyer cannot advise you both. And your FI should likely want his own lawyer because clearly your lawyer is advocating for you, so the prenup would be slanted in your favour if it’s your lawyer writing it up.
Sorry I don’t have any specific advice. Our family dynamics are a little weird with DH having a son already, etc so I don’t think a lot of what we had to pre-plan worst case scenario for applies to a lot of other couples!
Post # 6
I just wanted to add another query – this attorney, what area of practice does he actually specialize in? If you’re trying to save money by having, say, your real estate lawyer or wills lawyer do the work for you, please don’t. Each area of law is so vastly complicated, it’s a really terrible idea for your attorney to just “wing it.” You do get what you pay for when it comes to legal work, and a crappy contract is like a bucket with a hole in the bottom – completely useless.
From your question, it sounds like your attorney has. no. clue. how to do a prenup, and may not have the best sense of legal ethics or judgment. I mean I’ve barely touched a family law case since law school, and two other bees who aren’t attorneys of any kind have chimed in to say that this arrangement sounds sketchy. Please see a real family law attorney.