Creating a prenuptial agreement can be very stressful and sometime awkward. You are essentially contemplating divorce before you even get married. Prenuptial agreements can help avoid a lot of disagreement and stress if you ever do decide to separate, but if the agreement is not enforceable you are back at square one.
Below are five common issues we see in premarital agreements and three ways to avoid them to begin with!
Five Common Pitfalls in Creating a Prenuptial Agreement
- One of the spouses tries to say that they were forced or pressured into the agreement. Both spouses must voluntarily enter into the agreement, so if you have some hesitation – just wait and make sure you both seek legal advice on whatever agreement you intend on signing.
- One or some of the provisions in the agreement are void. Working with an attorney can help reduce these risks.
- The information provided was false or insufficient. Complete honesty is necessary to create a valid prenup. Beginning the marriage with openness can help set the marriage up for success.
- The spouses did not hire their own family law attorney. Each spouse’s individual interests are at risk, so it is best for each spouse to hire their own attorney who is looking out exclusively for that person’s interest.
- The agreement or a specific provision in it is “unconscionable” (i.e., not right or reasonable or extremely unfair). Courts will not enforce an agreement that is unconscionable, regardless if both parties initially agreed to the terms.
Three Simple Methods to Avoid These Pitfalls
- Hire an experienced Raleigh family law attorney. Your attorney can make sure you are fully informed on what your rights are, and can better represent your interests.
- Do not enter into a prenuptial agreement if you do not comfortable doing so. Your agreement may be binding, so do not sign the agreement if you have any hesitations.
- If you do decide a prenup is a good idea, include a provision that states how long the agreement will last.
Related Resources: How Do I Get Alimony?, What is Postseparation Support and When is it Granted?, Does Marital Misconduct Impact Property Distribution?
