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ollow the advise of your attorney on this one and have him recommend a few reputable law firms for her to go see. Even if he says that paying for the attorney's fees is allowable and not a conflict of interest than I would still recommend her to pay the bill using her credit card, check, etc. and pay her after you see the paid bill.(cash preferred) Either a pre-nup is worth it to you or it is not. It is your life to live.
He could just use AVVO and get a lawyer there. The lawyer NEVER sees who paid on credit card. The main thing is that EACH picks own lawyer. For a childless , business less marriage this doesn't have to be complicated.
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What type of documentation can you get from the other attorney to prove that she did review it with her attorney, was not under duress, and understood what she was signing? I know that she would be entitled to attorney client privilege, but is there usually something that can put together like an affidavit, or a letter from the firm explaining what they went over? An invoice from her attorney can seem rather vague and flimsy to me.
You don't need documentation from the lawyer , justhave her and yourself sign an affidavit. On the affidavit it is even better if your sheet has your lawyers name and her sheet has her lawyers name. She is signing in front of a notary that she was given legal counsel by blah blah blah and that everything was explained and she agrees with signing the pre nupt. That is all that is needed. She then can't claim she didn't have a lawyer later on look over the contract.
Also have additional affidavits.
1. have one that shows that all KNOWN assets at the time were disclosed and that she and you understand the financial situation AT the time( every yr or 2 you can update assets sheet and both sign you reviewed it).
2. Have another affidavit that shows she signed it without duress and in her right mind and that she fully understood the document and her legal state rights(list the
sub law number).
3. A good one to add: If she is the DISADVANTAGED spouse(one with little/no assets/income) have her sign that she understands her rights under the contract and that she UNDERSTANDS she is giving up rights that she would have if she didn't sign and that her financial standard of living can/will be lower because of it and also have standard of living after divorce will likely be lower. I think this is an important one. This will hopefully prevent the GREED factor because what she gonna do? She would be committing perjury if she thought she should get more to MAINTAIN a certain lifestyle. Infact I think the affidavits are just as important as the document because it covers the arguments that are made that fighting the contract can be considered perjury.
In addition, a clause should be made that if one disputes the pre nupt it will be done at their own expense and if they don't get the document(or whole document) overturned they will be responsible for both parties legal expenses. The legality of this depends on the state but this MIGHT give pause to challenge the pre nupt and in fact it might give a greedy lawyer pause because if she loses she might not be able to pay him timely if she lacks funds.
Other guy mentioned he is in GA. Every state is different. In my state for example, challenging and winning to break a pre nupt doesn't automatically break whole agreement. Just the clause that was deemed invalid/illegal so it is good to have MANY clauses in it.Worst scenario she overturns one clause or 2 and others are kept but you can put in clauses that are NON negotiable. What that means is if she breaks one clause legally another clause might specify that if clause( A) is deemed invalid then clause (D) is negated. Make sure clause (D) is something that gives her some benefit. Therefore her win can be a loss for her someplace else.
A good pre nupt/post nupt should be written in such a way that
1. It covers the most common mistakes that overturn one.
2. It be a PITA for her and a lawyer to argue.For example the affidavits make her look like she is lying if she goes against them.
3. Fighting it can actually cause her to loose something she was getting easily before.
4. She can shoulder the whole expense if she looses. This includes your expenses. This might even discourage a lawyer.
Lastly, understand state laws. In NY for example some clauses can be made invalid if spouse will end up in poverty. Write that you both understand that and efforts will be worked out by both parties, civil, to prevent this, and spouse plans to look for work in case of being unemployed. I think this is important since some wives are sit at home and lazy and some even will quit a job they have to get a payday. By putting this she is basically saying she isn't going to do that she has every intention to work to keep herself out of poverty and if she is SHORT of the poverty limit both will make efforts to help the other until corrected. This will avoid big support in cases where support might be needed because many state laws only guarantee not falling below poverty. Again it is about covering bases.
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To avoid comingling, is it enough to have a separate bank account for the pre-marriage investment properties?
I have multiple accounts that ONLY have non marital money in it. That being said it is generally acceptable to co mingle for a brief period. For example, you get paid money owed to you from a personal injury suit and put it in the joint account right away, but you then transfer it out to a new CD. This shows it was done for convenience and NOT an intent to SHARE.But best to avoid this and tbh avoid having joint accounts unless it is to put a tiny bit of joint emergency/expense funds in it.