[WSBAPT] Prenuptial Agreement - Separate Counsel Requirement

Thu May 19 10:05:57 PDT 2022

My two cents worth - you cannot ethically represent both parties (which you knew).  There is not a per se requirement that both parties have legal counsel but the chances of the PreNup being sustained are better if they do.  The development of case law in this area has changed significantly since In Re Matson.   The current two prong test for upholding (or not) prenuptials should be reviewed and kept in mind.

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G. Geoffrey Gibbs
Anderson Hunter Law Firm
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Neli Espe, J.D. - Olympic Legal
Sent: Thursday, May 19, 2022 9:57 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Prenuptial Agreement - Separate Counsel Requirement

Dear Listmates,

I have always drafted Prenuptial Agreements representing one party to the pending marriage with the other party being represented by his/her own counsel.

Now, I have a couple who have lived together for many years and the PNC insists that the other party does not want to engage independent counsel.

I cannot find the authority for this requirement. Every way you look at it, ethically and legally (potential challenge), this is the best approach, but is there authority requiring it?

Thanks,

Neli
___________________________________
   Neli Espe, J.D., Olympic Legal
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