The purpose of a prenuptial agreement is to clarify expectations for marriage and/or limit the opportunities for conflict in the event of a divorce. Spouses who agree on certain terms in advance may be able to pursue uncontested divorces.
Drafting a prenuptial agreement before marriage is beneficial because it requires that spouses disclose their resources to one another. They must also discuss their expectations for the marriage, as well as what might happen if they ever divorce.
Spouses usually cooperate with one another while drafting a prenuptial agreement. Can spouses share a lawyer while drafting a prenuptial agreement?
Separate representation is necessary
Even in cases where spouses have already reached an agreement regarding what assets they intend to designate as separate property and how they structure property division in the event of a divorce, it is advisable for each spouse to retain separate legal representation while reviewing the prenuptial agreement.
Having one attorney manage the entire process could lead to questions about the validity of the document later. If one spouse can credibly claim that they did not understand the terms included in the contract, the family courts may set it aside during a divorce.
Attempting to represent both parties to a contract is typically a conflict of interest. One lawyer cannot give truly balanced and objective guidance to both spouses. To prevent the future invalidation of the agreement, each spouse should have an attorney review the document on their behalf.
Engaged couples who choose to protect themselves contractually may need to arrange for two separate family law attorneys to review the document before they finalize a prenuptial agreement. Doing so can minimize the likelihood of a dispute about the document later.