When it comes to prenups, wording matters

By |2022-04-06T19:15:33+00:0026 Jun 2016|Categories: Prenuptial Agreements|

When it comes to prenups, wording matters

If you are planning to get married in the near future, you may be contemplating how the move will affect your life. And make no mistake, marriage is a very big step that should only be taken with a sense of certainty that you and your partner will remain compatible for the long haul. But if you are a realist, or have had relationships end acrimoniously in the past, you likely understand that things don’t always work out as planned.

There is nothing wrong or unhealthy about recognizing the possibility of the marriage not lasting forever. In fact, it is possible to have a long and successful union that simply runs its course and concludes with divorce. But no matter what the cause, when a couple divorces, there are always legal issues that must be settled.

It is for this reason that many couples choose to craft a prenuptial agreement prior to saying their vows. By having a clear and concise agreement in place, spouses can save themselves a great deal of time and money should they choose to divorce. This is because the terms of the split have already been covered, which means there should be less legal wrangling.

But a prenuptial agreement is like any other contract in that it is only as good as its words. So, when you create a prenup, it is critical that all the important terms be contained in the body of the agreement. Any oral agreement you claim to have made with your spouse will likely be disregarded by the judge.

You also don’t want the agreement to contain any ambiguous language. Your spouse’s attorney could successfully challenge any terms that are open to interpretation. Therefore, when putting a prenup together, it is in your best interests to have your own attorney help you with the wording. The attorney could also advise you on specific items that you should consider including.  By taking such actions, you will have an agreement that can stand up to scrutiny in the event you choose to divorce.

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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