ENSURE YOUR PRENUPTIAL AGREEMENT IS ENFORCEABLE AND VALID
If you and your future spouse are going to sign a prenuptial agreement, you must handle the situation properly so that it isn’t considered invalid. While most prenups are not an issue when a couple divorces, some agreements may contain clauses that make them impossible to enforce.
When you approach the subject of a prenuptial agreement, keep in mind that it can’t favor one side over the other. The agreement must be fair for both parties since it is meant to protect both people. In order to do this, it mustn’t be presented right before the wedding. Both parties need to have ample time to consider the terms and determine if there should be any changes made.
Your prenuptial agreement must be in writing and it has to be signed by both spouses. Neither person can be pressured into signing the agreement and must take the time to read it before they sign. The document must provide a complete look at the circumstances. Nothing can be hidden, including the presence of assets or debts.
Each person should have their own attorney review the prenup before signing so the parties can be sure that their interests are protected. This gives you time to ask questions about the individual provisions in the premarital document. None of those provisions can be unconscionable, and issues like child custody agreements can’t be included in a prenuptial agreement.
As you work with your betrothed on the prenuptial agreement, you will likely hope you never have to use it. You might still feel peace of mind once you know it is in place since you know what to expect if the marriage doesn’t last.