Do I need a lawyer for a property settlement agreement? The answer is yes. I suggest that you definitely consult with an attorney in order to draft a property settlement agreement, whether it be before or in contemplation of divorce or in contemplation of marriage or even after you are married and you want to do a post-nuptial agreement.
There are all sorts of disclosure requirements that are necessary in order for the property settlement to be effective, particularly when it comes to a divorce. As a result of that, I usually have my clients discuss or have a domestic relations lawyer prepare the settlement agreement so that it will hold up if there is a divorce involved.
Many times the property settlement agreements get set aside and they find that they are inequitable and therefore in divorce court I want a divorce lawyer to be able to defend any property settlement agreement in the event that there is a divorce proceeding. That is not quite as difficult in the event that you need to use those in conjunction with a probate proceeding where a spouse has waived their right to homestead or other rights, but it is a document that you definitely need to have a lawyer to make sure that it is done properly, the proper disclosures are attached to it.
The lawyer can only represent one of the parties. It is fine if you, and your spouse or your fiancée, write down everything that you are agreeing to and then take it to the lawyer, but the lawyer can only represent one party to a property settlement agreement.
If you have any other questions about a property settlement, give me a call and I will be glad to chat with you. My phone number is 727-847-2288.