Does anyone have info on prenuptual agreements? My friend is thinking of getting one and she doesn't know if both parties need a separate lawyer and she doesn't completely understand the whole workings of the agreement if one party has a house prior to the marriage. Thanks!
She should consult a lawyer for a free consultations.
Posted by jenny4230
Does anyone have info on prenuptual agreements? My friend is thinking of getting one and she doesn't know if both parties need a separate lawyer and she doesn't completely understand the whole workings of the agreement if one party has a house prior to the marriage. Thanks!
Posted by sr081906
She should consult a lawyer for a free consultations.
Posted by Audreygirl
Posted by jenny4230
Does anyone have info on prenuptual agreements? My friend is thinking of getting one and she doesn't know if both parties need a separate lawyer and she doesn't completely understand the whole workings of the agreement if one party has a house prior to the marriage. Thanks!
they should both have their own lawyers look at it. if not, there might be a conflict of interest if they use only one lawyer to represent both their interests.
Posted by jenny4230
Posted by sr081906
She should consult a lawyer for a free consultations.
What will they say to you in a consultation?
Like the above posters said, each party needs their own representation. It helps ensure that one person isn't taken advantage of. As for the house, I don't know what happens if there's no prenup, but if there is a prenup, the prenup should address what happens to preowned property upon divorce, etc. and what that outcome will be is entirely up to you and FH - that's one of the things that's decided in a prenup.
Tell her to get the book 'Prenups for Lovers.' Ignore the cheesey title -- it's a very practical book and explains a lot about the process, how laws can vary from state to state. She should do this before she consults a lawyer and preferably before her FH's attorney drafts the pre-nup. If he's initiating it, it would only make sense for her to consult a lawyer when she actually has a copy of it, as she might not know ahead of time what it will state. She can get a free consult. with an attorney first to see if she wants to work with them, though.
Also, re the house issue: if one part of the couple's name isn't on the deed before marriage, didn't contribute any $ to the purchase, etc., in the event of divorce (at least in NY) they wouldn't have any claim to the house. If they put money into renovations, though, they could have a claim to get that back in the event of divorce.
