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.