Legal Question in Family Law in Washington

Re: State of Washington Prenuptial Agreements

You don't have to have independent counsel. Typically I am actually retained by one of the parties to draft the agreement, and I always advise the other party to seek independent legal counsel to review the document. This is an important document that may have significant effects. Don't try to save a few dollars now and risk huge losses later.

Re: State of Washington Prenuptial Agreements

Mr. Steuart is right that each party does not need independent counsel, but an attorney drafting needs a signed document indicating that the un represented party knows that they have a right to have the document vetted by their own lawyer and are knowingly, intelligently and voluntarily waiving that right.

It is an important right. Why would one waive it?

Pre-nups are problematic and enforcing them is not always straightforward. What looks like a great idea right now can cause significant friction down the road just by its existence.

If the agreement is good, then each party should be able to have their very own attorney tell them that.

And the attorney who drafts an agreement without another attorney's review is asking for problems down the road, in my opinion.

Hope this helps. Powell