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Pre Nuptial Agreements Part 2

Familiarize yourself with the law

- Uniform Premarital Agreement Act has been adopted by most states and governs a prenuptial agreement between prospective spouses contemplating marriage.

- Effective upon marriage

- If the state you live in does not have statutory authority, make sure you are informed of relevant case law governing drafting, negotiations, and execution of such agreements

- Notify clients that ask to make a prenuptial agreement in violation of case law, statutory law, or public policy

The Prenuptial Process

- At the initial meeting, educate the client about his or her rights with and without an agreement and the pros and cons of various provisions in an agreement

- Advise client of the limitations of the agreement

- Consult other attorneys, such as an estate attorney, if things of those nature are involved

- Encourage clients to discuss each and every provision with you after each draft

Document, Document, Document

- For liability purposes, the importance of thorough documentation during the prenuptial process cannot be overstated.

- Advise clients when hired that the file may ultimately become discoverable if a lawsuit to invalidate the agreement is filed

- Agreement should contain a choice of law clause addressing which state law is to be followed, irrespective of the clients residence when a dissolution action is initiated

Financial Misrepresentations

- There is no such thing as too much financial disclosure

- Exhange more, rather then less, to avoid an allegation of financial fraud

- Discuss with your client the idea of including a confidentiality provision in the agreement to protect against the disemination of sensitive information to third parties

Consider Withdrawing

- If it is apparent that a client is under duress, consider withdrawing

- If your client has been advised by her soon-to-be spouse that without an executed agreement the wedding will not take place, that the child will be born out of wedlock, or that out-of-town family and friends who have arrived for the wedding will be turned away, contemplate withdrawing.

- Notify opposing counsel in writing of the apparent duress and provide suggestions on how to overcome the problem

- Advise your client if an agreemetn is patently unfair and adverse to his or her interests

- If you do not receive adequate financial disclosure from the financially able party, notify your client in writing as to why additional disclosure is necessary

Can I Close the File?

- Do not expose yourself to a possible malpractice claim by failing to follow up on outstanding issues

- Advise the client to follow through with the execution of obligations created by the prenuptial agreement after the parties have married

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Davis & Davis Attorneys At Law

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Uniontown, PA 15401

Phone: 724-437-2799
Fax: 724-437-2035
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Brownsville, PA 15417

Phone: 724-437-2799
Phone: 724-785-7733
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Davis & Davis Attorneys at Law

Davis & Davis Attorneys At Law