Who Should Be Present for Prenuptial Agreement Negotiations in Atlanta?
If you and your partner have agreed to discuss a prenuptial agreement, you might feel somewhat daunted by the negotiations ahead. This process might be easier to handle if you have someone by your side at the negotiation table. But who should you bring? Who can provide you with guidance during this process? Who are you allowed to bring, and who will your partner rely on for advice during this process? These are common questions, and you can raise them during a consultation with an Atlanta prenuptial lawyer.
You Can Start Discussing Your Prenuptial Agreement Alone
There is nothing stopping you from discussing the possibility of a prenuptial agreement with your partner. You can begin this conversation at the kitchen table without a lawyer present. First, you and your partner should decide whether you both want a prenuptial agreement. Your partner cannot pressure you into this agreement, and you are free to say no. If you are the one who wants the prenup, you cannot coerce or trick your ex into doing anything.
Each Party Should Bring Their Own Lawyer to the Negotiations
Once you are ready to begin drafting the agreement, it is best for each spouse to bring their own lawyer to the negotiation table. In the legal world, this is called “independent legal counsel.” While not mandatory for prenuptial agreements in Georgia, it is something that most legal professionals strongly recommend.
Why is independent legal counsel so important when negotiating a prenuptial agreement in Atlanta? Why not simply share your partner’s lawyer and rely on their guidance? Even if you trust and love your partner, each lawyer is only concerned with the best interests of their own client. Your partner’s lawyer is not responsible for making sure you get a fair deal.
Consider Bringing Other Financial Professionals to the Negotiation Table
You might also want to bring other financial professionals to the negotiation table. These might include accountants, financial advisors, and so on. While the presence of these individuals may not be necessary throughout the entirety of the negotiation process, their contributions could be highly beneficial if you or your partner has complex assets. These might include businesses, trusts, and investment portfolios. Debts can also complicate these discussions.
Bring Witnesses and a Notary Toward the End of the Discussions
Toward the end of the negotiation process, you will need to bring two witnesses. These witnesses will need to sign the document, and one must be a notary public. Without these signatures and witnesses, your prenuptial agreement will not be valid.
Speak With an Atlanta Prenuptial Lawyer
If you are approaching these negotiations, have a conversation with an Atlanta prenuptial agreement lawyer. Even if you trust your partner, it makes sense to bring your own independent legal counsel to the negotiation table during this process. Buckhead Family Law can guide you through this process with efficiency and confidence. Contact us today to get started.
Source:
aaml.org/wp-content/uploads/MAT210-4.pdf
