[WSBAPT] Prenuptial Agreement - Separate Counsel Requirement

Thu May 19 13:08:43 PDT 2022

The opportunity to obtain independent counsel is the minimum requirement
under the second prong of the prenup test for procedural fairness. See
attached article.

However, to ensure enforceability, each party should be represented by
independent counsel. There's no reason to risk enforceability, or a
possible malpractice claim or complaint later, by not insisting the other
party obtain independent counsel.

*Boaz "Bo" Weintraub*  | JD, LL.M.

Weintraub Law Office, PLLC

T *(425) 374-4045 <%28425%29%20374-4045>* |  F *(425) 274-7019
<%28425%29%20274-7019>*

www.weintraub-law.com  |  bw at weintraub-law.com

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Bothell Office: 19125  Northcreek Parkway, Suite 120, Bothell,
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On Thu, May 19, 2022 at 10:20 AM G. Geoffrey Gibbs <
ggibbs at andersonhunterlaw.com> wrote:

> 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.
>
>
>
> [image: A black sign with white text Description automatically generated]
>
> *G. Geoffrey Gibbs*
>
> *Anderson Hunter Law Firm*
>
> 2707 Colby Avenue #1001 | Everett, WA  98201
>
> P.  (425) 252-5161 | F.  (425) 258-3345 |
>
> ggibbs at andersonhunterlaw <https://www.facebook.com/AndersonHunterLaw/>
>
> www.andersonhunterlaw.com
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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 *
>
>                 360.630.3635
>
> 2114 Commercial Ave., Anacortes
>
>             olympiclegal.com
> <https://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Folympiclegal.com%2F&data=05%7C01%7Cggibbs%40andersonhunterlaw.com%7C0653ead3c577484dd1df08da39b8c8a3%7Ccfd348433b124bd6850ebd6b59fd6f90%7C0%7C0%7C637885763476705143%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C2000%7C%7C%7C&sdata=iue8QiSJ1neC8mQzCQ0Ej7PNKyc0TDJVRlEyx5HPrSs%3D&reserved=0>
>
>      Estate & Business Planning
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