Independent Counsel for Texas Prenups
Why separate legal advice can be an important part of a careful premarital-agreement process.
One lawyer should not advise both sides
The parties may have different interests even when they agree on the overall goals. Independent advice helps each person understand rights, tradeoffs, and proposed waivers.
The legal effect varies by state
Texas law should be reviewed for the effect of representation, lack of representation, and the circumstances surrounding execution. Do not assume another state’s counsel rules apply.
Counsel can improve the process
Independent attorneys can identify unclear provisions, confirm execution formalities, document negotiations, and help the parties address issues before signing.
Payment and independence are different issues
One party may sometimes agree to contribute to the other party’s fees, but the reviewing lawyer should remain loyal to that lawyer’s own client.
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