Originally posted by shellshocked22
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breaking a prenup
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Originally posted by HammerDad View PostYes they can, we do it every day at my firm.
The need for Independant Legal Advice occurs when the LAWYER dealing with the parties has a conflict of interest. It has nothing to do with the contact, but the appearance of impropriety of lawyer preparing a contract for the benefit of parties, while only representing one party, their client.
If two parties come to an agreement without the assistance of lawyers, there is no need for ILA, as they are already independent. The test of "unconscionability" is a common law test that. The courts would determine whether the agreement is reasonable, and if it is unreasonable or unconscionable, they can set it aside.
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Originally posted by Teenwolf View PostInteresting. I always thought it was wise to have independent lawyers for a pre-nup.
But two parties can come to an agreement without lawyers. However, if they don't have advice and a court finds that one party was coerced or that the agreement is unconscionable, it is likely to set aside. The agreement can still be set aside with ILA, but it is just a harder argument to put forth.
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