A prenuptial agreement outlines how a couple will handle the division of property, child custody, child support, and spousal support in the event of a divorce. Because these decisions are made in advance, prenuptial agreements can simplify the divorce proceedings. But, if the prenuptial agreement is not well written or thorough, it could be contested and voided. Here’s how to create an ironclad prenuptial agreement:
Don’t Wait Until the Last Minute
There’s a lot to do before the wedding, but a prenuptial agreement should not be at the bottom of your list. If an agreement is signed shortly before the wedding, the court may find that both parties did not have enough time to carefully review it before signing it. As a result, the court could decide to toss the prenuptial agreement out instead of enforcing its terms. To avoid this problem, couples should give themselves plenty of time to draft a prenuptial agreement.
Disclose All Assets
Both parties must disclose all of their assets to one another prior to signing a prenuptial agreement. If they don’t, one party could argue that they only agreed to sign the contract because they were misled about the other party’s finances. The court could void the entire agreement based on this fact alone, so don’t make this mistake.
There’s another reason why you should disclose all of your assets. If an asset is not named in the prenuptial agreement, it could be subject to division in the event of a divorce. If you want to protect all of your assets, make sure they are all accounted for in your prenuptial agreement.
Don’t Include Expiration Dates
Some couples choose to include a “sunset clause,” which is a term that states the prenuptial agreement will no longer be valid after a specific date. But, if you want to ensure your prenuptial agreement holds up in court, it’s best to leave this clause out of the contract.
Seek Legal Representation
It is imperative that both parties seek legal representation before signing a prenuptial agreement. If one party is not represented by an attorney, they could argue that they did not fully understand the terms of the agreement prior to signing it. Plus, a lawyer can ensure that the terms of the prenuptial agreement is in your best interests.
If you are interested in drafting a prenuptial agreement, contact Williams Law Group, LLC at once. Let our skilled attorneys draft an ironclad prenuptial agreement that will protect your best interests and hold up in court in the future. Call our office at (908) 810-1083, email us at info@awilliamslawgroup.com, or contact us through our confidential online form to schedule a consultation.
