Why Wives Should Seek Their Own Postnup Attorney
We have seen cases where spouses have attempted to use the same attorney to craft a postnuptial agreement. A postnup agreement is one that facilitates the disposition of a couple’s assets should the marriage end in a divorce. This is simply not a good idea.
While a couple may be married while a postnup agreement is being crafted, it should be approached as an individual matter.
Now, that is not to say a postnup can’t be created in an atmosphere of mutual respect and trust. In fact, both parties can benefit from a postnup agreed upon in such a situation. The reality is, however, that both parties should have their own separate, legal representation.
It Makes the Postnup Agreement Stronger
There have been cases where a husband has “recommended” that his wife use his own attorney. If it turns out this recommendation was coercion it potentially could invalidate provisions of the postnup.
A Postnup Looks at the Future as Individuals
Since the premise of a postnup is to view the future of the couple as two individuals, separate attorneys representing the interests of each should be used. Separate attorneys can listen to the goals of each should a dissolution occur and let them know what they may be waving to reach those goals.
A Postnup Attorney May Help “See the Future”
One of the most significant benefits of securing your own experienced postnup attorney is that they have likely seen similar cases. This means they may have the experience to predict the future and pitfalls of certain provisions. A reputable, experienced postnup attorney can also see flaws in agreements more clearly and can help protect the rights of the individuals they represent. This is crucial.
The May Be Able to Detect Underlying Motives
Not all postnup agreements are constructed with transparency and mutual trust. An experienced attorney may see provisions in a prenup that can serve as an alarm that there may be motives that aren’t necessarily obvious. They can then react to better protect the interests of their client.
It is also possible that one party may want to use an attorney that is familiar with his business or other financial matters. While a postnup is, in essence, a business agreement, it is a specialized agreement. It can benefit from an attorney who specializes in such agreements and family law. That may be outside the realm of an individual’s primary attorney.
If you are in a situation where a postnup agreement has become a topic of conversation, it is important that you seek out an attorney who will represent your interests. This includes the present and the future. In the Tampa, Florida, area, our law firm is taking the lead in prenup and postnup agreements, including those of high-asset couples.
We even make it easy with a no-cost, no-obligation initial consultation. We can discuss your situation, answer your questions, and, if you like, lay out a plan of action. We will listen to your priorities, concerns, and goals and move forward from there.
Choose experience. Choose expertise. Contact us today.
If you have questions about a prenup agreement or a postnup agreement or require legal assistance in other areas of Family Law in Tampa, Florida such as high asset divorce you may always contact Damien McKinney of The McKinney Law Group to discuss your case further. He can be reached by phone at 813-428-3400 or by e-mail at [email protected].
We now offer virtual prenuptial agreements. Contact us to inquire further about our virtual prenup option.