Protecting the enforceability of a prenuptial agreement | The Law Offices of Dorie A. Rogers, APC
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Protecting the enforceability of a prenuptial agreement

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Creating prenuptial agreement to add some structure to a marriage is a wise choice for many couples, allowing them the freedom to establish some boundaries for each other and for parties outside the marriage. However, for some people, simply creating and signing a prenuptial agreement is not as airtight as they might hope. Prenuptial agreements can prove difficult to enforce if one party claims he or she signed the document under duress or that the terms are fraudulent.

If you have concerns about the enforceability of your prenuptial agreement, you have some important decisions to make. First, you should consider the big picture of the relationship. If you worry about the enforceability of your prenuptial agreement, are you sure that entering into marriage with this particular partner is wise? While that may seem like overly personal advice for a legal blog, it is worth spending some time to work that out for yourself.

There are some key protections that both you and your future spouse can take to increase the strength of a prenuptial agreement. It is usually wise for both you and your future spouse to consult with independent legal counsel. A lawyer who is solely representing your interests can help ensure that you do not agree to terms against your best interest, or at least make sure that you fully understand the terms.

It is also wise to arrange to create video footage of the signing the prenuptial agreement. This can be as simple as a video made with your phone. A video depicting the signing helps clarify that neither party signed under duress or under the influence of controlled substances that could compromise the signing.

When you are ready to create a prenuptial agreement that truly protects you and your future spouse, you can seek out an experienced attorney to ensure that you craft a document that represents your relationship.

Source: Findlaw, "Entering Into a Prenup? 3 Legal Tips Before You Sign," accessed Sep. 19, 2017

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