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.
