Why Do We Both Need an Attorney When Drafting a Prenup?


A prenuptial agreement is only valuable so long as it is valid, and that is why you need to take the process seriously and hire an experienced New York family lawyer to help you draft it.  During the process of putting together such a critical document, each party needs to have their own legal representation present.  This helps prevent arguments and ensures that your document is viewed as legally valid and enforceable.

One of the primary reasons to use two separate attorneys during the drafting stage is to prevent future arguments that one party was “coerced” into signing it because only one attorney was present.  Of course, the idea of entering into a prenuptial agreement is so that you can step into your marriage with your eyes wide open and then put it away and never have a need to use it again in the future.  However, in the unlikely event that the marriage doesn’t work out and the marriage will be dissolved, the prenuptial agreement significantly reduces the expense of a divorce since all of the financial issues are already addressed in the Prenup agreement.  Therefore, it is critical that the procedures of creating a valid and enforceable prenuptial agreement are followed properly and that each party makes their acceptance of the terms clear by hiring individual legal representation. 

Separate representation by a New York Prenup attorney also ensures that you have someone on your side reviewing the document in full to determine whether it is fair and whether you fully understand all of the terms and requirements laid out within it.  There is very little room for error once your document has been signed, so you need to be clear upfront about the stipulations inside a prenuptial agreement.  

Having your own New York family lawyer present gives you the opportunity to ask questions in a safe space and reduce the chances that the legality of the document will be challenged down the road.  Having separate attorneys review the document is the best way for each future spouse to be clear about expectations in advance. 

Sabra Sasson, Esq is a New York attorney who has been drafting prenuptial agreements for many couples, helping them to understand their current finances and get clear about the future they intend to create with their soon-to-be spouse.  Contact our office at 646-472-7971 to speak with an attorney at the Firm.


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