Signing a prenuptial agreement before getting married is a big decision. This type of agreement can provide benefits for people of varying income levels. It can protect your individual assets should you get a divorce in the future. However, if you make certain errors during the process, the agreement might not work like you intended it to.
Here are a few common mistakes to avoid in a prenuptial agreement.
Pressuring Your Spouse to Sign a Prenuptial Agreement
Discussing a prenuptial agreement with your spouse can be difficult at first. Your spouse may even dislike the idea. However, even if your spouse is hesitant to sign the agreement at first, you should never pressure him or her into signing. If the judge discovers that you threatened or blackmailed your spouse into signing a prenuptial agreement, it will get thrown out.
Using Unclear Language
If you want to create a prenuptial agreement, you must make sure the document is clear and concise. If there is ambiguous language, it can lead to misunderstandings and become difficult to enforce your agreement in court. As such, you should have an experienced lawyer look over your agreement to make sure proper wording is used.
Involving Your Family
Some people make the mistake of talking to their family members about their prenuptial agreement. While you might want to get their input, you shouldn’t get family involved. A prenuptial agreement should be between you and your spouse only. If you get other family members involved, it can negatively affect your relationship with your spouse.
Not Putting the Agreement in Writing
If you plan to marry someone, you likely trust that person a great deal. Therefore, you might not think that you need to put a prenuptial agreement in writing. You may believe that your spouse will follow through on the agreement should you get divorced in the future. However, this isn’t a good idea. No matter how much you may trust your spouse, it’s in your best interest to put the prenuptial agreement in writing. Otherwise, it won’t be enforceable in court.
Having Unfair Provisions
A prenuptial agreement should ideally be fair to both parties. If the agreement is extremely unfair to one party, it could be challenged in court. For instance, if one spouse is awarded the entire marital estate, the prenuptial agreement could be considered unfair.
Not Hiring a Lawyer
Some people may avoid hiring a lawyer to draft a prenuptial agreement to save on legal fees. However, a prenuptial agreement is a complex document, so it’s wise to have someone knowledgeable and experienced on your side. A lawyer can help you draft this document and make sure that it is legally enforceable. This can save you a lot of stress and headaches down the road.