
Seeking Top Prenuptial Agreement Lawyers in Your Area
Everything You Need to Know About Prenuptial Agreements
A prenuptial agreement is a contract entered into by two parties prior to marriage. Fundamentally, this contract lays out the state of each party’s finances, property and other issues in the event of a divorce or death. Primarily, prenuptial agreements alphabetize all of the assets that each party currently owns and what the parties’ rights are in the event of a divorce.
The primary benefit of a prenuptial agreement is that it brings one party’s assets (and potential debts) to light prior to marriage . This protects an individual’s assets (including property, wages and inheritances) from being divided with a spouse in case of divorce. A prenuptial agreement also only allows certain assets (i.e. assets acquired after marriage) to be divided with a spouse in case of separation. Finally, a prenuptial agreement can also protect a party from potential debts that his or her spouse might maintain.
Ultimately, a prenuptial agreement serves to protect an individual party entering into a contract from getting married without understanding the financial shortcomings (or underpinnings) of their future spouse.
The Importance of Hiring a Prenuptial Agreement Lawyer
Enlisting the assistance of a skilled attorney to tailor a prenuptial agreement specific to your unique circumstances and requirements is crucial. Carefully evaluated agreements can provide substantial benefits, such as protecting assets for children from a previous marriage, mitigating the need for protracted litigation in the event of divorce, or preserving the integrity of family business ownership interests. On the other hand, if the document is determined to be invalid or unenforceable, you will have wasted your time and financial resources.
Obtaining legal guidance from an experienced attorney can maximize the likelihood of creating a valid and comprehensive agreement, providing both parties with an increased assurance of their legal rights. An experienced attorney can ensure and advise you that the premarital agreement is not unconscionable, sign the agreement, and thereby witness each party’s signature on the agreement. A knowledgeable attorney will also help you to properly complete the mandatory disclosure of financial assets. This will ensure that the agreement will be valid and enforceable from a legal perspective.
It also is advisable that any prospective spouse have their own attorney to fully explain the contents of the agreement and the effect of it, and to ensure that the prospective spouse is independently represented. If both spouses are represented by the same attorney, this could make the agreement invalid.
Characteristics of the Best Prenuptial Agreement Lawyers
First and foremost, the lawyer you select should have signs and traits of being experienced and specialized in this area of law. Not only should he or she have the requisite number of years in the industry, but they should also have an extensive client list that shows proven testimonials, Trustpilot five-star ratings and ideally, they should be a published expert in this area. The best prenuptial agreement lawyers can offer the experience you need when it comes to protecting your assets and future interests. When conducting your research, make sure the lawyers you are interested in setting up an appointment with have the things mentioned above to ensure you only meet with the best. Another thing to keep an eye out for are the reviews. What do other people have to say about working with the lawyer? Were they happy with the outcome? Did they feel they were well represented and properly advised? All these qualities are stellar indications of how well the firm stands out among others.
How to Locate a Prenuptial Agreement Lawyer in Your Town
Finding the Right Prenuptial Agreement Lawyer
The best way to find a prenuptial agreement lawyer near you is primarily to tap the network you already use to get things done. This means asking friends, family and colleagues for recommendations, even if you have to return their favors to others at a later date. If you would like to avoid that sort of practice, or have a busy life that limits availability, then a more convenient and privacy-protective option is to look for lawyers with a proven track record of success through their websites and other online resources.
Even search giant Google has become the go-to source for referral networks, in this case offering a searchable database of law firm websites that include lawyer bios, practice area details (such as specialty in estate planning or divorce), prior publications and continuing education, as well as testimonials from former clients. When searching on Google or any other search engine, be sure to input specifics such as your state and county to get the most accurate results.
Searching by specific keywords related to your exact situation is another way to efficiently narrow down the search for a nearby attorney. If you want a postnuptial agreement , or one handled exclusively by a male lawyer, or an attorney with experience handling a prenup ahead of a second marriage with children from a first marriage, be sure to include those details when searching.
Another tip to keep in mind is that the internet can also be useful for checking the credentials of a potential attorney before contacting them. Most state and county bar associations keep searchable listings of all licensed attorneys in their regions, making it possible for you to easily check whether your prenuptial agreement lawyer is really who they say they are, and truly qualified to handle your legal matters.
Of course, you should always conduct further research once you’ve settled on a few different options, contacting references, checking online reviews, and sitting in on some of their court cases, if possible. This will help you gain confidence in your choice and allow you to finish the process of hiring an attorney with more certainty and peace of mind.
Inquiries for Your Prenuptial Agreement Lawyer
Much of the decision to hire a prenuptial agreement lawyer will depend on how comfortable you and your fiancé(e) feel talking to this person and if you feel at ease discussing this delicate topic. After your search has led you to interview a few or to arrive on a choice of a prenuptial agreement lawyer, you will want to make sure that you grill him or her so you can have confidence in your choice.
Here are some questions to get you started:
How many years of experience does the lawyer have drafting prenuptial agreements? How many does he or she does annually? Practicing family law for a long time does not necessarily equate to a solid prenuptial agreement drafting background. Be sure to ask for specific examples of the lawyer’s experience.
What issues might I be concerned about having a prenuptial agreement address? Your prenuptial agreement lawyer should be able to raise at least a few that you may not have thought of.
Is your fee structure hourly or flat fee and does that include drafting the prenuptial agreement? If the fees are hourly, find out about the retainer amount and how often the retainer amount needs to be replenished.
What makes this law firm unique when it comes to choosing a prenuptial agreement lawyer?
For referrals to good prenuptial agreement lawyers near you, contact the Academy of Matrimonial Lawyers.
Prenuptial Agreement Lawyer Rates
The cost of hiring a prenuptial agreement lawyer can vary widely depending on several variables, including the lawyer’s experience and your location. In general, however, one prime cost consideration for those seeking to contract with a prenuptial agreement lawyer is the fee structure. How does a lawyer charge? Most likely, you will have to pay by the hour if you intend to work with him or her on all aspects of your prenuptial agreement. A few lawyers work on contingency, but this is rare. More commonly, lawyers will work for a flat fee that allows you to pay a lump sum in exchange for services rendered .
The bottomline is that the most important thing is to find an attorney you feel comfortable with and confident about retaining. It goes without saying that you want the terms of your prenuptial to be fair and to maximize your financial gain in the event of a potential divorce, but you will not be able to predict the future and while you may think it’s a risk to retain an attorney who does not charge by the hour, the risks are probably higher that you will not be able to form a positive and winning working relationship with the attorney of your choice if the experience is about paying him or her an hourly rate.