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Historically, premarital agreements receive extremely close scrutiny from a court, because the court recognizes that the parties are usually too emotionally involved to be able to negotiate -- unlike when you negotiate a car or home purchase. Yet a premarital agreement can operate to destroy a spouse's rights to a huge amount of money, dependent upon the success of the parties to the marriage.
So, while it may seem extremely enticing to believe that you can download a free premarital agreement form from the internet, fill-in-the-blanks and save a ton of dough -- reality is that in the overwhelming majority of cases, a premarital agreement that is not made while each party has separate legal representation (two lawyers), will be refused enforcement by the court, in the event of a dissolution of marriage.
I'm not trying to make this a costly exercise, nor am I a "shill" for the legal profession. But, in the case of a premarital agreement, not having two lawyers involved in the negotiation and drafting is likely to be fatal -- and, you won't know it, until the day that you need the agreement the most -- at divorce.
Please let me know if I can be of further assistance.
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