What types of provisions may be considered unfair?
Getting married is scary enough, but when people have a lot to lose, they may find that marrying their significant other is easier said than done. Many people who have feared the loss of their assets and properties as a result of divorce have taken advantage of the option to protect themselves with a prenuptial agreement. When making this decision, a couple may be under the impression that anything they decide to put in their prenup will be acceptable, but they will be surprised to find out that certain provisions may actually be set aside.
When couples decide to get a prenuptial agreement, the following types of provisions may be considered unfair by a judge:
- Alimony agreements.
- Alimony waivers.
- Denial of any share of one spouse’s bank account, specifically if the account holder is the one who contributed the most throughout the marriage.
During the drafting process, it is always good when the couple are able to agree on things. However, what one person may agree on isn’t always fair, which is why a judge may set aside the provision. If people want to get their prenup approved and save time, then they should remember to be fair when working out the details.
Divorce can be nasty, but with a prenuptial agreement in place, spouses will be able to go their separate ways because they have already worked things out. Anyone who believes that a prenup is right for them should consider speaking with an attorney. Not only can they help with the drafting process, but they may also be able to help ensure their agreement is approved the first time around.