by Houston Divorce Attorney Sam M. “Trey” Yates, III
If you and your future spouse wish to have a clear and binding prenuptial agreement then it is advisable for both of you to engage your own family law attorney. However, long before you get the attorneys involved both of you need to decide on the terms.
Why is legal assistance needed?
Although the term is the same, the laws that govern prenup agreements are not from one jurisdiction to another. There is considerable information available on the internet that can help guide you but the actual agreement is best when drawn up by an attorney.
It is important that the agreement be drawn up by two independent attorneys. Prenup agreements are scrutinized very closely by the court, for the agreement to pass muster it is critical that each party to the agreement have their own family law attorney. Any agreement that is drafted without the advice of two attorneys is cause for concern for the court.
The court is one thing, having two attorneys helps both parties to develop an agreement that is fully understood, neither party will be left with the impression that they were taken advantage of.
Decide what is important and get good attorneys:
The couple must first try to develop the basis of a lasting agreement. It is difficult for a family law attorney to develop a meaningful prenup in the absence of something that has already been discussed and agreed upon. It is always best if the couple can give the attorneys at least an outline of their thinking, the end result will be well balanced and fair to all.
Both parties to the agreement should choose their own Houston family lawyer, one that is seasoned in matrimonial law. The attorneys should also be capable of working together to create a long lasting, clear and fair agreement. It may take some time to find the right attorneys but it is well worth the effort, Contact to The Law Office of SAM M. (TREY) YATES, III, P.C. to know more information.