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3 mistakes you need to avoid with your prenuptial agreement

On Behalf of | Jul 8, 2024 | Prenuptial Agreements |

Prenuptial agreements used to be reserved for the uber-wealthy who had family dynasties to protect. These days, however, they’re in use by a lot of ordinary people who don’t want the possibility of a divorce to affect things like their business ventures, intellectual property rights and inheritances. 

Prenuptial agreements can be very useful tools – but only when they’re valid. If you approach them the wrong way, yours may not stand up to legal scrutiny when it matters the most. Here are some potential issues that could invalidate your prenup:

Fraud

You can’t be cagey about your finances when you create a prenup. You have to make a full disclosure of your assets and debts so that your partner is fully aware of what kind of commitment they’re making. Any failure to identify either can be considered fraudulent. 

Coercion

If you waited until the venue is booked, the wedding dress is bought and the invitations have gone out to start discussing a prenup, you may have already waited too long. The last thing you want is to have your spouse allege that they were unduly pressured into signing an agreement that they didn’t want. 

Unconscionable or invalid provisions

When prenups are blatantly unfair or would create undue financial hardship for one spouse, the court is more likely to take issue with them. Similarly, it’s important to remember that prenups cannot be used to decide issues related to custody and support of any children from the marriage. Those decisions are always predicated on the best interests of the child. If you don’t want to risk your prenup being invalidated, keep these kind of clauses out.

It’s easier to avoid problems with a prenup if you have experienced legal guidance by your side. Too many couples try a “do-it-yourself” approach to prenuptial agreements, and those are more likely to have problems later.

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