Can one attorney be used by both parties to prepare a premarital agreement?

Houston lawyer John Grubb discusses how couples involved in the creation of a premarital agreement in Texas need to have individual attorneys, as one lawyer advising both parties is a conflict of interest. Your attorney needs to only have your interests a

By John K. Grubb
February 28, 2007
TX FAQs/Prenuptial and Postnuptial Agreements

In my professional opinion, one attorney cannot represent both parties in preparing a premarital agreement. Each party should have his or her own attorney to review the schedules, assets, the liabilities, the agreement and to explain how the agreement effects his or her respective rights.

I generally include in the premarital agreement an acknowledgment by the attorney that he or she has explained the agreement to his or her client, that his or her client is voluntarily signing the agreement, his or her client expressly waives any right of disclosure of the property and financial obligations of the other party beyond the disclosure provided for in the agreement, and that the party understands how the agreement will effect his or her rights.

John K. Grubb practices family law in Houston. He has a BBA, MBA, and a JD Degree. John K. Grubb focuses a significant part of his family law practice on helping couples create premarital and prenuptial agreements in Texas.

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February 28, 2007
Categories:  FAQs

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