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Family Lawyer Bergen County: Prenup 101: part 4- independent counsel

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As divorce attorney Bergen County we often represent people in creating prenuptial agreements. Did you know that if you don’t each have your own lawyer when drawing up your prenuptial agreement, it will be unenforceable?  In creating a prenuptial agreement, both parties must have independent counsel. Many couples are under the impression that they can have only one attorney represent the both of them. Of course engaged couples would like to save legal costs, and hiring attorneys adds up. The courts require, however that each person have his or her own legal counsel. When you retain an attorney, they will only be able to represent one of you, and are required to advise the other party to get their own lawyer. By having proper representation and following the recommendations of your attorneys, you can make sure that your prenuptial agreement fairly represents both party’s interests, and that it is one that will be upheld in court should you ever get divorced.

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