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Important considerations for a valid prenuptial agreement

On Behalf of | Jul 10, 2020 | Family Law |

If you have recently gotten engaged, you may already have talked with your fiance about the benefits of a prenuptial agreement. If the two of you are on the same page and agree that a prenup will protect you both, it may be time to begin thinking about the terms that you want to include in the document. 

You should also take steps to ensure that the prenuptial agreement you create will remain legally enforceable, even if one of you decides to challenge it if you were to divorce in the future.

Both parties need their own legal representation

Obviously, you want to have a lawyer draw up the documents and ensure it is legally sound. However, if the attorney represents only one spouse, that could be problematic for the document’s enforcement in the future. In order to assert that both parties signed the contract with full knowledge of its contents and implications, it is best to have both parties retain their own individual lawyer to review the document.

Your prenup should protect and benefit both parties

Other than the failure to have adequate legal counsel, another common issue that invalidates prenuptial agreement involves a one-sided document that only protects the spouse with higher income or assets. Both spouses should receive consideration in the contents of the document. 

There should be benefits and protections for both houses. If your prenup does not equally benefit both spouses, the courts could determine that it is unconscionable and refuse to uphold it.

Your agreement shouldn’t have illegal clauses

It may seem obvious on the surface, but the courts will not enforce a contract with illegal provisions. Including terms in your prenup that go against state law might lead to the courts striking that one clause or invalidating the whole document in some cases. 

Prenuptial agreements are marvelous tools that can help a couple start their lives together on a more secure footing. Just make certain that you have experienced legal assistance drawing one up.