Protecting the enforceability of a prenuptial agreement

By |2022-04-06T15:15:35+00:0019 Sep 2017|Categories: Prenuptial Agreements|


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

About the Author:

Dorie Anne Rogers - The Law Offices of Dorie A. Rogers, APC
Dorie A. Rogers, a Family Law Specialist, Certified by the State Bar of California, has been an attorney since 1981 with an exclusive family law practice located in Orange County. She is accepting dissolution cases with support and property issues including the use of forensics to ascertain business value, community interests and to establish monthly case flow analysis. Ms. Rogers has substantial experience in high conflict custody litigation involving sophisticated psychological issues. She drafts premarital and postmarital agreement designed to define and establish parties' separate and community property interests. Paternity cases and domestic violence matters are considered part of her practice. Ms. Rogers is a court-approved and court-appointed to represent minor children.Ms. Rogers consults with individuals concerned about entering or exiting a relationship. She advises effective strategies for dissolution or premarital planning. Knowledge is power and good planning affords better results.Specialties: Family Law Specialist, Certified by the State Bar of California
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