The best way to avoid finding out that your prenuptial agreement is invalid during a divorce is to ensure that no mistakes are made when the agreement is drafted. Here are some things to avoid.
Prenuptial Agreement Mistakes
A prenuptial agreement can be ruled as “invalid” if there are mistakes. Here are some mistakes that you’ll want to avoid. It’s also recommended that you work with a family law attorney to avoid these mistakes:
- Same Legal Representation – Each spouse should have his or her own attorney. An attorney will explain everything contained in the prenuptial agreement independently of the other spouse. Working with separate attorneys ensures the final agreement is signed voluntarily, and neither spouse feels pressured to sign.
- Signed Under Duress – “Under duress” means a under pressure or under the influence of drugs or alcohol. A prenuptial agreement can be found invalid if one party signed under duress and did not have the mental capacity to understand what they were signing.
- Signed Too Close to the Wedding – A prenuptial should be signed one to three months prior to the wedding. If not, it’s easy for a party to argue later on that they were coerced into signing. Each spouse should have time to deliberate on the agreement before signing.
- No Full Disclosure – Disclose all assets and debts.
- Child Support Provisions – Child support and custody should not be a part of a prenuptial agreement.
- Biased – The prenuptial agreement should not show any bias to one party.
- Unenforceable Provisions – Unusual provisions such as one spouse is responsible for dishes can deem an agreement unenforceable.
- Oral Agreement – A prenuptial agreement must be in written form to be valid. Each spouse and each spouse’s attorney should have a copy.
- Ambiguous Writing – Ambiguous wording can be challenged in court. Make sure the writing is all clear and concise.
Work with a Family Law Attorney
Working with a family law attorney to draft a prenuptial agreement is a good way to avoid making common mistakes. For advice on divorce, you need the expert law firm of Divorce Law LA, certified family law specialists. Schedule a free consultation today.
Source: The Huffington Post, 10 Common Prenup Pitfalls, November 4, 2013
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