If you’ve been thinking about tying the knot with your significant other, you might be doing a lot of planning already. The wedding has countless arrangements that need to be made, invitations need to be sent out, and you might even be looking at obtaining property together, like a house to secure your future together.
But have you ever thought of what will happen if your marriage fails? It’s something that you might not want to think about, but with all of your planning, you shouldn’t skip over preparing to protect yourself in the future if your marriage doesn’t play out the way that you imagine. A prenuptial agreement can help protect you, your property and possessions, and financial assets.
But don’t rush out and open any word document to draft your prenup! You need prenuptial and postnuptial agreement attorneys to help you draft a legally binding agreement for you and your soon-to-be-spouse. Here are a few things that have an attorney to draft your agreement can avoid.
7 Reasons Why Your Prenup Agreement Isn’t Actually Valid
1. You didn’t actually write your agreement.
Unfortunately, pinky promises don’t hold up in court—especially during a complicated divorce! Having a draft, the written prenuptial agreement makes your contract valid and easier to draw upon for details if you need to in the future.
2. You didn’t actually read your prenuptial agreement.
If you have the actual paperwork in front of you, but you ask your partner to quickly sign them without allowing them ample time to review the documents, your prenup may not be valid. Time (both when it comes to deadlines and reasonable allowances for review) is crucial when presenting evidence in court!
3. The prenup wasn’t properly executed.
It’s important to remember that you and your partner need to sign the contract before your wedding in order for the agreement to be legally binding.
4. A party was pressured to sign it.
A critical point to remember about prenups is that both parties must agree to the terms of the contract. Each party must consent.
5. The prenup contains invalid provisions.
Although this agreement is available to protect your financial assets and property, it may not include anything that will alter child support payments. Obviously, the terms of the contract should not break the law as well.
6. The information in the contract is incomplete.
If you failed to provide any information or withheld information, it will invalidate the agreement.
7. The prenup contains false information.
This agreement typically works so well because both parties are required to be completely honest with one another about each financial situation. In the case that you provide false information to avoid spousal support to relinquishing property, the agreement will be invalid.
Avoid All Of These Mistakes with the Help of An Attorney
As your prenuptial and postnuptial agreement lawyer, the highest priority is to make sure that all of your paperwork is correctly drafted, submitted in a timely manner, and ultimately ensure that everything will uphold in a court of law!
These frivolous mistakes are easy to overlook when you try to draft your paperwork yourself. You might even miss a deadline by accident and miss out on the opportunity to adequately protect yourself in the future. Contact your local family law office to get started with drafting your prenuptial agreement with your partner today!