Is it legal for one lawyer to advise both husband + wife in preparing and signing a prenup?

Asked over 3 years ago - Huntington, WV

When my husband and I decided to get married, almost 15 years ago, I agreed to sign a prenuptual agreement. We met with his attorney (this attorney had also represented me a few years before). The document had already been prepared and the attorney went over it with me and I signed it in West Virginia. Now I have filed for divorce and am wondering if this prenup is legal. It seems to me like a definite conflict of interest. It was never suggested that I seek my own council for advise.

Attorney answers (1)

  1. Sean Martin Mccumber

    Contributor Level 10

    Answered . I would, at first blush, agree that this agreement should have had two attorneys, one for you and one for him. However, this does not automatically make the agreement invalid. You should consult with an experienced divorce attorney in your state who also has experience with any laws in your state regarding prenuptial agreements. Again, while this has the appearance of conflict of interest, that may not be an automatic winner for you.

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