A prenuptial agreement is a legally binding contract between two prospective spouses signed prior to marriage. This contract determines how the couple’s debts and property will be divided upon divorce, separation, or death.
Conditions and wording are two important factors to consider when creating a solid prenuptial agreement. There are a few mistakes a couple can make that can be avoided if they work with a skilled prenuptial agreements attorney.
1.Failure to Make the Prenuptial Agreement Valid
Some people view prenuptial agreements as a negative start to their marriage. They see it as an anticipation of divorce or things going wrong. In reality, a prenuptial agreement is simply there to ensure your separate assets and debts remain separate. If one spouse dies with a lot of debt, a prenuptial agreement ensures the surviving spouse won’t be responsible for paying what is owed. To make sure your prenuptial agreement is valid, you need to sign it in the presence of an attorney.
2.Pressuring the Other Party into Signing the Agreement
Autonomy should always be respected in a relationship. If either party coerces the other into signing a prenuptial agreement and the court finds out, it will automatically be considered invalid.
Forms of coercion include:
- threats and/or blackmail;
- guilted into signing;
- signing and not realizing, or not being able to read what was signed; and
- rushing to sign before the wedding.
Coercion can largely be avoided if the prenuptial agreement is constructed and signed in the presence of an attorney. A witness can ensure the whole process is legally above board.
3.Outrageous or Immoral Provisions
An attorney can help create an agreement that is not only legally sound, but fairly represents each person. If an agreement has strange or unfair standards that favor one party, it has a high chance of not being considered valid.
Examples of outrageous provisions include:
- use of vague language;
- demanding one party maintain a certain weight or image;
- chores only one party is responsible for; and
- mandatory intimate encounters.
- A prenuptial agreement needs to have clear guidelines that don’t compromise the autonomy of either individual.
Contact Louis P. Winner
If you and your partner are engaged or considering marriage, Louis P. Winner can help you draft an ironclad prenuptial agreement that preserves both your rights. We pride ourselves on guiding our clients to effective resolutions.
Call our firm at (502) 812-1889 or contact the firm online for a legal consultation.