What if my fiancé can’t afford a lawyer to review a prenuptial agreement that my attorney drafted?
It appears your fiancé may not want to sign a prenuptial agreement, but if this is not the case, though, then why not pay for him or her to consult an attorney? If you have enough assets to warrant a prenuptial agreement, you probably have enough to pay for an attorney to review it for an hour or two.
Now bear in mind you cannot simply send your fiancé to your attorney for a consultation; that would be a conflict of interest (attorneys cannot represent two parties if between those two parties there is a substantial risk that the lawyer’s representation of one client would materially and adversely affect the other client’s interests). Instead, give your fiancé $300-$500 to consult independent counsel of his/her own choosing.
This is not only a decent thing to do, it helps make the prenuptial agreement—if your fiancé signs it—clearly more fairly reached and thus more easily and reliably enforceable. The fact that you merely made it possible for your fiancé to review the proposed prenuptial with independent counsel is evidence that your fiancé was not coerced into signing and made an informed decision to sign the prenuptial agreement.
Utah Family Law, LC | divorceutah.com | 801-466-9277