Avoid Making These 5 Mistakes When Drafting a Prenuptial Agreement

 Posted on June 28, 2019 in Divorce

Everyone thinks that marriage is forever — and for many people it is. But for some Americans, divorce is still very much a reality. Depending on the source, the divorce rate has lingered around 40 to 50 percent for the past decade or so. Getting a divorce can turn your entire life upside down and can even change your financial situation for the worst. One thing you can do to protect yourself before you get to that point is to get a prenuptial agreement.

A prenuptial agreement is a legal document that you can use to dictate how certain things will be handled in the event of a divorce. This can be greatly beneficial in reducing the amount of conflict and the length of time it takes to complete a divorce if you and your spouse ever get to that point. In order for your prenuptial agreement to be enforceable and valid, there are certain things that are not permitted in a prenuptial agreement and certain rules and procedures you must follow when creating one. Here are a few mistakes you should avoid while creating your prenuptial agreement:

1. You and Your Spouse Did Not Have Different Attorneys

One of the basic requirements of a prenuptial agreement is that you and your spouse both have independent legal representation. If you and your spouse do end up getting a divorce, what is best for you may not be what is best for your spouse. A single lawyer cannot advocate for both you and your spouse equally.

2. You Signed the Agreement Too Close to the Wedding

You should be sure to give yourself at least a couple of months of cushion before the wedding to sign the agreement. If you or your spouse signed the agreement only a few weeks before the wedding, it could be argued that you or they signed the agreement under duress or without knowing the full extent of the agreement.

3. One (or Both) of You Were Not Truthful About Your Assets

Creating and entering into a prenuptial agreement requires both you and your spouse to have full disclosure with one another. You cannot negotiate over an asset if you do not know it exists. If you or your spouse did not fully disclose all of your assets and debts with one another, your agreement could be thrown out.

4. Your Agreement Contains Provisions About Forbidden Topics

You cannot just put whatever you want into a prenuptial agreement -- there are certain things that are not permitted. For example, a prenuptial agreement that contains provisions about child support or requiring a spouse to do something illegal will not be upheld in court.

5. You Did Not Consult With a Knowledgeable DuPage County Prenuptial Agreement Attorney

It may seem counterintuitive, but getting a prenuptial agreement can be one of the smartest things you do before you get married. If you are thinking that a prenup could be right for you, you need to contact a Wheaton, IL prenuptial agreement lawyer. At Goostree Law Group, we can help you create a prenuptial agreement that is free of mistakes. Call our office today at 630-364-4046 to schedule a free consultation.

Sources:

https://www.huffpost.com/entry/10-common-prenup-pitfalls_b_4214860

https://www.forbes.com/sites/jefflanders/2013/04/02/five-reasons-your-prenup-might-be-invalid/#73f04b7219a5