off subject. But same with prenups I think. I know when I did mine years ago (nolonger in effect and im broke now anyways) my old attorney told me the same thing. if I didn't volunteer to give up enough in the prenup to make it seem equitable or fair then in the divorce the judge would make sure I gave even more. course my first thought was "okay, we divorce I want her to get little to nothing make it happen". But he corrected me on that very quickly. Also said children trump. prenup cant supercede child welfare the judge would drop or toss if it came down to child welfare in divorce. so I volunteered what I thought would be fair. it is all about fair, equitable trade, not one sided, not too right restrictive, blah blah. id check with a attorney.
edit: something else.
Big words don't help either unless you are paying for them to have it reviewed by their own lawyer. If they walk into court and say "I didn't understand what I was signing I guess" it can open a entire can of worms. I had this one contract I thought was bullet proof. Lawyer thought about it, came back and said "if they don't understand it, you are going to have trouble enforcing this." Basically (forget the term) but it needs to be reasonably understandable by the average person. Reasonably. which means at least most of it should be fairly self explanatory and clear for the average person. to avoid a court room issue of "I didn't really understand what I was signing". And he rewrote it again to dumb it down to layman level.
Don't listen to me though, contract question. Go hire a attorney (that specializes in contract law).
Another mistake people make. Having the wrong kind of attorney. While "general" attorneys have their uses and can handle many simple things. The easier way to cover the gambit if you have lots of varying legal is with a firm that has more than one attorney and more than one specialty. For instance, my attorney is part of a firm. He specializes, but I have something else I need out of his specialty they have a meeting and he consults others. if the case proceeds it would be passed to the attorney that specializes in that or my attorney would take a secondary position. Never been in a case that involved and had to do it but generally, a firm with more specialties and lawyers has more options. So you have your regular attorney, but what the firm gives you is more options (and knowledge to draw from) for what comes your way. And your original retainer is transferred throughout the firm in most cases if the case carries forward. I have noticed they tend to be more expensive at least from my experience than a single or generalized attorney. so for most it may not be worth it if you don't have a lot of business related or personal legal issues. just a suggestion.
