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How to Select a Prenuptial Agreement Lawyer

Contributor
By eHow Contributing Writer
(3 Ratings)

Prenuptial agreements are legal contracts designed to evenly distribute assets and liabilities between married couples in case of death or divorce. By finding a qualified matrimonial lawyer to help you draft the document before you say "I do," you can ensure that everything you've achieved in your life will be protected.

From Quick Guide: Family Law
Difficulty: Moderate
Instructions

    Evaluate Your Wants and Needs for Legal Representation

  1. Step 1

    Select a lawyer who specializes in matrimonial law and has had plenty of experience in drafting prenuptial agreements. Since most prenuptial agreements are simple and straightforward and vary only in the listing of your assets, liabilities and other sources of income, the process will be fairly simple and relatively inexpensive.

  2. Step 2

    Choose a lawyer who will draft a prenuptial agreement that will protect both sides equally, as opposed to one that may boast about loopholes and tricks that may be overturned by a judge at a later date. Avoid dealing with the proverbial "barracuda" who claims she has devised the perfect prenuptial agreement that no court can overturn. Not only are these practices unfair, but they're unlikely to hold up in court.

  3. Step 3

    Log onto the website for the American Academy of Matrimonial Lawyers to find a qualified attorney in your community who specializes in prenuptial agreements (see Resources below). The website is also a valuable resource for law advice concerning divorce, alimony, child custody and other types of family law.

  4. Step 4

    Have your future spouse select his own prenuptial agreement lawyer as well. Having two unbiased lawyers approve of the prenuptial agreement will make it more legally binding in the eyes of the court if there is an additional legal dispute in case of death or divorce. This can save thousands of dollars in legal fees for both parties and their families.

  5. Step 5

    Find a prenuptial lawyer who will help you to focus on the positive aspects of a prenuptial agreement, such as protecting both parties from legal disputes from family members and business partners that may deprive children from receiving inheritances and trust funds. Dealing with a gloomy lawyer who emphasizes the high divorce rate is a sure way to scare off your future spouse.

Tips & Warnings
  • A carefully prepared prenuptial agreement will override even the strictest community property laws in states such as California, Texas, Idaho, Nevada, Wisconsin and Louisiana.
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