Do it yourself Prenup or 2 attorneys?

#1 Trogalla

Member

Group: Registered users
Posts: 10

I just had an attorney say we have to have 2 different lawyers look at our prenup, is this true???
Can't we have it notarized? If we do a prenup online are those just as safe. Mostly we are trying to protect the house from his EX. The house is in my name and it will continue to be and I will make the payment on the house, so it will not become martial asset correct???
THANKS

#2 M. Giordano

PA Attorney

Group: Moderators of any forum
Posts: 54
Gender:Male

It is generally considered to be a conflict of interest for an attorney to represent both parties in a prenup since each party has different, and often conflicting, interests. That is why the attorney suggested two different lawyers should be involved. If you can locate a willing attorney, however, you can both sign a waiver of this conflict, relieving the attorney of liability.

Regarding the online, downloadable prenptial agreement forms, they are usually fine as long as you follow the instructions as to proper exectution of the document carefully and utilize a form compatible with the laws of your state.

Regards,

Michael C. Giordano, Attorney in Mechanicsburg, PA

Disclaimer: Answers are not legal advice and is never a substitute for professional advice from an attorney licensed in your jurisdiction and retained to represent you.

#3 Trogalla

Member

Group: Registered users
Posts: 10

Can we get through this without having a lawyer and having it norarized? We are on a tight budget.
And keeping the house in my name and I pay the mortgage will protect his EX from it becoming marital properity, is that correct?
The house will go to my daughter if something should happen to me, so EX still can't touch it, even if he is her gardian.
We'd really like to get this over and done with the basic whats mine is mine, his is his and anything we buy together we will split. Thats all. We both don't believe in prenup, but this protects the house and my assets going over to the EX (his) if something should happen to me and he has the house. My Ex is deceased and my daughter is a minor. So gardianship will go to him.
Thanks for your help

#4 M. Giordano

PA Attorney

Group: Moderators of any forum
Posts: 54
Gender:Male

Yes, you can use Do it yourself Prenuptial Agreement forms if your budget is tight but the real question you should be asking yourself is "How much is it worth to ensure that my house gows to the person I would like it to go to (my daughter) and not to someone else (his ex)?"

I believe that when you consider that question you will find that consulting an attorney is the smartest option, even if a bit more costly.