It is best for each spouse-to-be to be represented by independent counsel when negotiating and drafting the premarital agreement. One lawyer cannot represent both sides to an agreement – that is a violation of the ethical rules for lawyers in Texas. This is because the parties to the agreement will probably have differing interests and perspectives in the terms of the agreement. Each person requires legal advice and authority that is specific to their situation. If one attorney represents both parties, the chance that the agreement will be voided is high.
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