Why do I Need a Separate Attorney in my Divorce or Prenup? 

By Elizabeth Billies and Allison Blank

As wedding season approaches, so do prenups! A lot of our clients ask us why they need separate attorneys for their divorce or prenuptial agreement. If the parties agree, shouldn’t only one attorney suffice? Not quite. Prenuptial Agreements may be viewed as a joint effort, but clients have different interests and want different things, even if a Prenup is drafted with input from both parties.  

Why can’t one attorney represent both of us? 

Under the Pennsylvania Rules of Professional Responsibility, lawyers are permitted to have only one client at a time. Therefore, one attorney cannot represent both parties in drafting a Prenuptial Agreement. If a lawyer represents both parties in drafting a prenuptial agreement (Prenup), it will likely be found unenforceable if either party challenges it. Who wants to pay for something that won’t stand in court?  Not only are we protecting ourselves, the lawyers, but we are also protecting you! 

Is it better to just be an unrepresented party? 

Sometimes, one of the parties to a Prenuptial Agreement is not represented. While this is legal in Pennsylvania, we generally don’t recommend it due to its associated risks. 

First, unrepresented parties may not understand the language of the agreement that they are signing. It may seem like they do, but the complexities of the Prenuptial Agreement often make understanding it very difficult without the help of an attorney to explain the terms.  

Second, unrepresented parties are likely to lack an understanding of the status quo of the law or what is considered normal. What appears to be proper drafting of an agreement for an unrepresented party differs from the standard drafting accepted in a court of law.  

Finally, many unrepresented parties tend to feel inferior and suspicious of those who are represented and their attorney.  Lawyers serve as intermediaries between clients and the court. As such, it is often easier to come to an agreement with two attorneys rather than just one.  

Does this also apply to the Property Settlement Agreement for divorce? 

Yes! The same rules of Professional Responsibility apply to these types of agreements as well. In addition, even in a divorce proceeding where both parties have amicably agreed on a distribution of their assets and what they want their Property Settlement Agreement to say, two lawyers are recommended to ensure thorough communication, understanding, and enforceability of that agreement in court. 

If you plan on signing a prenuptial agreement or are beginning a divorce proceeding and you are unrepresented, do not hesitate to reach out to our Family Law Team or call our office directly at 215.362.2474 to learn how they can best help you navigate these processes.