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4 Mistakes to Avoid When Creating Your Prenuptial Agreement

Posted on in Family Law

Brunswick prenup lawyerPrenuptial agreements are becoming more and more popular as people are waiting to get married until later in life, when they are more likely to own property and high-value assets. Usually, when a couple enters into a prenuptial agreement before they are married, it sets up the asset distribution in the event that the couple gets divorced, meaning that you can protect your assets from being divided in the way the court would divide them according to the law, which is usually not the way you would choose to divide your assets. In order for the court to abide by your agreement, you must have a solid and sound prenuptial agreement. Here are four mistakes that can cause your prenuptial agreement to become invalid and unable to be enforced:

1. You and Your Spouse Used the Same Lawyer

The first thing you should know about crafting a prenuptial agreement is that both you and your spouse must have separate legal representation. This way, both you and your spouse will have someone to advocate for your rights and interests, and you can both be sure that you fully understand the terms of the agreement.

2. You Signed the Agreement at the Last Minute

Talking about what happens if you were to get divorced is not the most romantic thing in the world, which is why many couples wait until the last possible second to sign the agreement, such as the night before the wedding. If this is the case, the agreement can be invalidated, because it may be argued that one or both of you did not have adequate time to read and understand the agreement before it was signed. 

3. Full Disclosure Was Not Given

When you enter into a prenuptial agreement, you are entering into a legal contract. You must fully disclose all of your assets and liabilities before you sign a prenuptial agreement. If either party tries to hide certain things, your agreement’s validity can be thrown out of the window.

4. Your Agreement Is Not Legally Sound

This mistake may seem a bit obvious, but it can be a common pitfall of agreements that are contested. When you create a prenuptial agreement, it must meet certain standards to be considered a valid, legal document. Your agreement must be written; no oral agreements will be upheld. Your agreement should also contain clear and precise language--ambiguous wording or writing that is hard to decipher writing may make an agreement unenforceable in court.

Get Legal Representation From a Brunswick Prenuptial Agreement Lawyer

With all of the requirements and legalities of prenuptial agreements, you can easily become confused, or you may create a prenuptial agreement that can be declared invalid. If you think a prenuptial agreement is right for you, you should get help from a Medina County family law attorney. Contact Erb Legal LLC to discuss your situation and begin crafting your prenuptial agreement. To schedule a free consultation, call 330-368-4499.

Sources:

https://www.huffingtonpost.com/david-centeno/10-common-prenup-pitfalls_b_4214860.html

https://www.forbes.com/sites/jefflanders/2013/04/02/five-reasons-your-prenup-might-be-invalid/#43b44d8219a5

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