The idea of a prenuptial agreement sometimes can be emotional, especially if you find out during your divorce that the prenuptial agreement before your marriage is invalid due to some simple mistakes.
MISTAKES IN A PRENUPTIAL AGREEMENT
If there are mistakes in a prenuptial agreement it can be declared invalid. Some common mistakes include:
- Same Legal Representation – Both spouses need separate attorneys to ensure each understands the prenuptial agreement independently of the other. This ensures the signing of the final prenuptial agreement is voluntary, without one spouse feeling as if they are being pressured into signing it.
- Signed Under Duress – If one party feels pressured into signing the prenuptial agreement, or if they were influenced by drugs or alcohol affecting their mental capacity, it can be invalidated.
- Signed Too Soon Before the Wedding – Don’t wait until the last minute to sign the prenuptial agreement. If the couple divorces soon after the wedding, an argument that one party was coerced into signing can be argued. The prenuptial agreement should be signed one to three months before the wedding to give the spouse sufficient time to think about and consider what they are signing.
- No Full Disclosure – Make sure the prenuptial agreement discloses all assets and debts.
- Child Support Provisions – Do not include child custody or support. If the couple divorces and children are involved, the court will rule in whatever is the best interests of the child and not what was in the prenuptial agreement. If child custody and support are included the whole prenuptial agreement can be invalidated.
- Biased – If the prenuptial agreement seems biased towards one spouse party, it can be decided it’s unenforceable or “unconscionable.”
- Unenforceable Provisions – If a prenuptial agreement has unusual provisions, such as who does the dishes or takes out the garbage, they can be deemed unenforceable, which will weaken it.
- Oral Agreement – A prenuptial agreement should be in written and multiple copies made. Each spouse and spouse’s attorney should have a copy of the prenuptial agreement.
- Ambiguous Writing – If anything is unclear, or there is ambiguous wording, the prenuptial agreement can be challenged in court.
Source: The Huffington Post, 10 Common Prenup Pitfalls, November 4, 2013
BEST WAY TO AVOID MISTAKES IN A PRENUPTIAL AGREEMENT
The best way to avoid these common prenuptial agreement mistakes is to work with a family law attorney such as (619) Divorce. This way you can ensure that in a divorce the agreement won’t be invalidated.
San Diego, CA 92101
Phone: (619) 431-3131