what type of attorney would assist in making a pre-nup?

Hiring a prenup lawyer or an attorney who is experienced in drafting and interpreting prenuptial agreements, will be best in assisting you with drafting a prenuptial agreement or representing you in a dispute arising from an existing prenuptial agreement.

Full Answer

Why should I hire a prenup lawyer?

Click to see full answer. Besides, what kind of lawyer writes a prenup? Family law lawyers do prenuptial agreements. Make sure both parties are represented by separate attorneys and make sure the prenuptial agreement is signed well before the actual marriage. Furthermore, do you need two lawyers for a prenup?

Can I use the same attorney for a prenuptial agreement?

Jan 30, 2017 · Hiring a prenup lawyer or an attorney who is experienced in drafting and interpreting prenuptial agreements, will be best in assisting you with drafting a prenuptial agreement or representing you in a dispute arising from an existing prenuptial agreement.

What is a prenup and do I need one?

If you want your agreement to remain valid, it's wise to hire two, independent attorneys to help you and your spouse draft the ideal document. As with all legal matters, you cannot use the same attorney to represent both of you in negotiating and drafting a prenup.

Why is a prenuptial agreement important in family law?

Jun 05, 2015 · Family law lawyers do prenuptial agreements. Make sure both parties are represented by separate attorneys and make sure the prenuptial agreement is signed well before the actual marriage. Your best bet is to consult with a lawyer in your area (most give free initial consultation) who can get all the facts and give you advice.

How do you get a prenuptial agreement?

How to Get a PrenupDecide if you need a prenup. ... Hire an Attorney to Draft The Agreement. ... Talk to Your Spouse About Finances. ... Make a List of Each Spouse's Assets, Debts, and more. ... Draft the Prenuptial Agreement. ... Define Separate Property. ... Define Shared Property. ... Decide How to Pay Existing Debts.More items...•Mar 22, 2020

What makes a prenuptial agreement invalid?

However, these types of contracts, which are also called premarital agreements, must meet legal requirements to be valid under California law. A premarital agreement may be invalid if: It was not signed by both parties prior to the marriage. One party was pressured to sign it.

What are five things that Cannot be included in a prenuptial agreement?

5 Things You Cannot Include in Your Prenuptial Agreement Nonfinancial Rules. ... Anything Illegal. ... Terms Involving Child Custody or Support. ... Unfair or Unreasonable Terms. ... Incentive for Divorce.May 23, 2016

Are there loopholes in prenups?

A prenup cannot be unconscionable. In other words, the prenup could be invalidated if the agreement is too lopsided, with one party awarded almost everything and the other receiving only a pittance. Executed by both parties, preferably in front of witnesses (or a notary).Apr 2, 2013

Can you put a cheating clause in a prenup?

Rather, prenuptial agreements (prenups) can contain provisions referred to as cheating clauses, which can entitle one spouse to financial gain in the case that their partner commits infidelity.Feb 4, 2021

What is fair in a prenuptial agreement?

So, what does that mean? A fair prenup should respectfully safeguard and shield the assets of both parties. To achieve this, there must be a full and complete disclosure of all assets, debts, and liabilities when the contract is drafted. This includes all investments, real estate, and financial obligations.Sep 21, 2021

What Cannot be addressed in a prenuptial agreement?

Every state prohibits you from including anything illegal in your prenuptial agreement. In fact, doing so can put the whole prenuptial document or parts of it at risk of being set aside. A prenup cannot include child support or child custody issues. The court has the final say in calculating child support.Sep 12, 2018

Does a prenup override a beneficiary?

Beneficiary designations supersede prenups, postnups, separation agreements, and even wills. And when such designations remain unaltered, conflicts can arise after death between exes, current spouses, and other family members.Sep 4, 2019

Why You Need Help from Lawyers

There are good reasons why seeking legal advice when making a prenup is advantageous. In fact, each party to the prenup should get help from a diff...

Decide What You Want Before Seeing A Lawyer

That said, it's best not to ask your lawyers to start writing up a draft or final agreement until the two of you have settled on its essential term...

If You Want to Draft Your Own Agreement

You can use Nolo's book, Prenuptial Agreements: How to Write a Fair & Lasting Contract, by Katherine E. Stoner and Shae Irving, to draft your own p...