Top 10 Mistakes to Avoid Writing in Your Prenup

Marriage can be scary to think about, and divorce can, too. Think about it. There are so many websites that have written about how almost 50% of marriages end in divorce. Since there’s no way to predict the future of a relationship, being prepared as best as possible (such as writing a prenuptial agreement, or prenup) can help alleviate some of that anxiety.

Unfortunately, prenuptial agreements can be intimidating because of the possible emotional and mental toll it can take on a couple. However, we have created a list of ten common mistakes to avoid in writing your prenup for those who are in the process of writing one or for those who are unsure if their prenuptial agreement can be enforced by a court.

1. You and your significant other have the same lawyer.

• Before writing and signing the agreement, both you and your partner need to have separate attorneys. This will ensure that both parties have equal legal representation and that the agreement is signed voluntarily. Attorneys can also help you understand the terms of the agreement.

1. The agreement is signed too soon before the wedding.

• Waiting until the last minute before the wedding can be held against you or your partner in the event of divorce. The party can successfully argue that he/she was coerced or forced into signing the agreement. To avoid this, make sure the agreement is signed at least one to three months before the wedding. This also gives time for you and your future spouse to read over the terms and provisions carefully and thoroughly.

1. The agreement does not include full disclosure and/or is incomplete.

• Be sure to fully disclose all assets, debts, and income in the agreement. Lying or failing to include all can render the agreement unenforceable.

1. The agreement is oral or verbal.

• Oral prenuptials are not valid.

1. There are provisions for child support and/or child custody.

• The contract cannot have any provisions that deal with the children of the marriage, including child support and child custody. The court will decide what’s in the best interest of the child. The court can also invalidate the agreement if provisions for child support or child custody are in it.

1. The agreement is made under duress.

• Duress means threats, violence, constraints, or other action were brought to bear on someone to do something against their will or better judgment. When an agreement is made under duress, it means one of the parties were forced to sign the document. This includes if one person is under the influence of drugs or alcohol.

1. The agreement is unconscionable.

• If the contract is unconscionable, it means it is too one-sided. Although it is legal for the agreement to be biased toward one person, it cannot be so one-sided that one party would be left bankrupt in the event of a divorce.

1. There is no witness when signing the agreement.

• Attorneys recommend having a witness, such as a notary or judge, when signing the agreement to ensure that neither party is coerced or improperly persuaded into signing the contract.

1. The agreement has provisions that cannot be enforced.

• Anything in the agreement that mentions chores, weight gain, frequency of sexual relations, or hair color can render the agreement unenforceable by a judge.

1. There are illegal provisions in the agreement.

• Agreements that include any provisions to engage in illegal or immoral activities will not be enforced by the court.

If you need assistance in writing your prenuptial agreement or believe the one you currently have may include any of these mistakes, don’t hesitate contacting one of our experienced attorneys at Infinity Law Group. Contact us now for a free initial consultation.