(Closed) Prenuptial Agreements!!!! Questions!!!!!

posted 5 years ago in Legal
Post # 3
Member
9142 posts
Buzzing Beekeeper
  • Wedding: November 2013 - St. Augustine Beach, FL

Get an attorney the specializes in pre-nups in your area.  If it’s worth protecting, it’s worth paying for the best.  Prices vary according to where you live and the complexity of the pre-nup.  I would recommend asking your CPA firm whom they recommend because I am sure they refer clients for pre-nups quite often.

Post # 4
Member
317 posts
Helper bee

@LoveandLaw: You will want an attorney who specializes in family law for both of these. Estate attorneys can also do wills but you may get a better rate if you use the same firm for both. I am going with a local attorney that is down the street from my house for my will and prenup. I set up a free consultation with her (not all attorneys offer this so I made sure I went with someone who did) I discussed her fees and what, specifically, she intended to do for me. She explained various aspects of family law and how she handled charging her clients. Her rate is $250.00 an hour which I found appropriate for family law in my area. I found a few that were cheaper ($200-$225) but they didnt provide as much free detail and guidance as the more expensive attorney- it just seemed like she knew more and had more to offer me. One attorney wanted to charge me a flat fee of $3000.00 because she said it required legal research on her part and I declined that because any local attorney specializing in family law should know the local law and not need to research it. 

The basic elements of the prenup involve how you will split up your assets if you divorce such as your home, car, money, inheritances, 401k, etc from before, during and after your marriage.  You can even get technical and add in how to distrubute personal property like your furniture. It also deals with how you distribute debts such as credit cards, college loans, car loans, etc. Each state has its on laws about how a prenup is drafted and what can/should be included. In addition to that, there are general things that the courts routinely accept or reject when it comes to prenups in a divorce case even if those things aren’t expressly listed in the state law about prenups. This is known as case law and it should be a factor your attorney considers and discusses with you when drafting yours. Note that you and FH will need separate attorneys representing each of you for the prenup because a lack of sufficient legal representation may invalidate the entire prenup in most states.

A will addressses what happens to your assets and possessions if one or both of you dies. It really should be drafted as a separate document from the prenup. The attorney offered me a flat fee of $500 for two wills for FH and I.

 

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