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3 common mistakes that couples make with prenuptial agreements

On Behalf of | Jan 17, 2022 | Family Law |

A prenuptial agreement is essentially a contract between future spouses. The contents of that contract may influence what happens during their marriage and will likely guide a divorce if the couple splits up later.

In most cases, prenuptial agreements let divorcing couples file for quicker, uncontested divorces. However, sometimes one spouse can challenge the document, or the courts might even deem it to be invalid. Outlined below are some common mistakes that couples make regarding prenuptial agreements.

Not executing the agreement

Some couples talk about a prenuptial agreement but never sit down with an attorney. Others draft the documents, realize they need to make some changes and never follow through. The only bigger mistake than drafting and not signing a prenuptial agreement would be to dismiss the benefit of creating one outright without discussing it first.

They only focus on the needs of one spouse

For a marital agreement to be valid, it has to offer something of value to both of the spouses. If one spouse makes all the concessions and the other reaps all of the benefits, a family law judge may determine that the agreement is unconscionable and therefore unenforceable.

Including too many personal provisions

You can include things in your prenuptial agreement that aren’t enforceable in court. Too many of those inclusions might lead to a judge invalidating the whole document later. Inappropriate and personal inclusions range from restrictions on future weight gain to rules about how frequently the couple will have date nights.

Learning more about prenuptial agreements can help you protect yourself when you decide to get married.