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Does Each Spouse Need a Lawyer for a Prenup?

Yes, each spouse should have a lawyer for a prenuptial agreement. Here are the key reasons why:

  1. Enhanced Enforceability: Having separate lawyers for each spouse helps ensure the prenup is enforceable. A judge is more likely to uphold an agreement if both parties had independent legal counsel.

  2. Avoiding Duress: Independent legal representation helps demonstrate that neither party was forced or pressured into signing the agreement. This helps prove that the prenup was entered into voluntarily.

  3. Understanding the Impact: Lawyers ensure that both spouses fully understand the terms and implications of the prenup. This is crucial because marital property is being redefined, which has significant consequences.

  4. Preventing Unconscionability: Legal advice helps prevent the agreement from being one-sided or unfairly biased toward one party. This fairness is important for the prenup to be seen as conscionable.

  5. Judicial Review: In case of a divorce, a judge may review the prenup to ensure both parties were fully informed and that the agreement was fair at the time of signing. Independent legal counsel for each spouse provides strong evidence that both parties understood the impact of what they were signing.

By having separate lawyers, both spouses can be confident that the prenup is fair, understood, and legally sound.

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