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

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.