US pre nups

Family lawyers are now just one stage in attending to pre-nups or divorce say US attorneys. If a business is involved in a split, you may need a specialist employment attorney to ensure no law suits follow if one partner suddenly finds themselves out of a job on separation.

Most family attorneys are highlighting more and more the need for separate counsel when planning pre-nups. They say it makes everything clearer cut and less open to litigation if parties have had separate and fair advice before entering into the partnership. It’s a failsafe even if the law doesn’t demand it.

In large money pre-nups a further waiting period should be created between a pre-nup and signing – to allow for proper reconsideration or any worries to be cleared up before the wedding.

Many rich clients will have a “minder” but attorneys or advisors should make sure they see the client directly because there must be no query that clients haven’t understood a point, particularly when 40% of marriages end in divorce. Attorneys and counsel are further advised to videotape discussions so that clarity remains if litigation ensues in future years. Another back up is that a private judge be present to protect all parties.

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