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I need a lawyer to quickly look over a pre-nup for me. need…

Customer Question
Hi. I need a...

Hi. I need a lawyer to quickly look over a pre-nup for me. need a really quick turn around, and am fully infored as to what the document says and does. Can, of course, pay for service. Can you please advise?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Thanks! Candace

Lawyer's Assistant: What steps have you taken so far?

I have the document. My attorney just told me he also represents my fiance, technically, so he can't do it.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, not really. Oh, this is TEXAS!

Submitted: 6 months ago.Category: Legal
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Answered in 37 minutes by:
12/21/2017
Lawyer: socrateaser, Lawyer replied 6 months ago
socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 40,063
Experience: Retired
Verified

Hello,

I believe that there is an important issue that is not being addressed by "your" attorney. When an attorney says that he "also represents your fiance'," and that he cannot review the pre-nup (legally termed, "premarital agreement"), that means, in my opinion, that the attorney has taken your fiance's side over yours. An attorney is legally forbidden from representing two parties who may have an actual conflict of interest -- and in my view, a pre-nup is one of those circumstances where no attorney can professionally/competently represent both parties to the contract.

The point here is that if you want to really know where you stand with this agreement, you need something more than a "quick look over," because the attorney's choice to refuse to provide you with advice, suggests (to me) that the pre-nup is drafted to favor your fiance.

Consequently, you need separate legal representation from an entirely different lawyer, who may or may not believe that the prenup requires radical modification.

That said, my impression of the prenup is that it's entirely reciprocal, except for the section concerning attorney representation, where, indeed, the attorney expressly states that he is acting as your fiance's lawyer, and that you are not represented by legal counsel. So, if you were under the impression that you are represented by this particular attorney, you may want to discuss that with your fiance and the attorney, because that representation appears to be false, and that's not a particularly good way to start off a marriage (in my humble opinion).

The failure to provide separate legal representation for each party could cause a future family court to refuse to enforce the pre-nup, on grounds that it was entered into by mistake, misrepresentation or under duress. That could work for or against you -- which is an issue that only you and your attorney can determine.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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Lawyer: socrateaser, Lawyer replied 6 months ago

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

Thanks again for using Justanswer!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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