Do I need an attorney for a prenuptial agreement? Can’t we just do it ourselves?
Simple answer —> NO
You should NOT do it on your own. That is something the court is always looking at.
In the eyes of the law, marriage is a contract between two people.
A premarital agreement is also a contract, and if done incorrectly can be invalid or misconstrued to the original intent of the parties/couple.
PRO TIP – * It is always best to have a professional look over any contract.*
Do we both need lawyers? It is a contract…the drafting attorney is doing what is best for his client. It only makes sense to have someone look out for your best interest as well.
There are numbers of prenups and premarital agreements thrown out all over the United States because one side had an attorney and the other side didn’t. It’s not always a good idea.
Here in Florida, it is better to have attorneys on both sides to ensure that both parties know what they are doing and that there is no over-reaching.
Courts occasionally invalidate premarital agreements, these are normally ones prepared without the help of attorneys, or ones where there was coercion in getting one partner’s signature.
If you have a properly drafted agreement, and there was no duress, there is a better chance that it will stand up in court