How a prenup can help during a marriage and divorce – Part I
A previous post here discussed several of the benefits that a couple could enjoy and some preventive measures associated with creating a prenuptial agreement, or “prenup.” Prenuptial agreements are honored by the courts and could be used to help resolve divorce issues.
There are several things that cannot be included in a prenuptial agreement, as was covered in a previous post. It is important to understand what these are, as the courts take them very seriously and if they are included in a prenup, it may void not only that line item or issue in question, but possibly the entire agreement.
To make certain a prenup is fair for all parties involved, it must include each of these obvious inclusions: it must be in writing, signed before the wedding, read and considered by both parties and include complete and accurate information. In addition, a prenup must not contain provisions regarding child support or child support modifications. It is also very important that neither side has been pressured into signing the prenuptial agreement. It is not uncommon for one side to be in a bit of a side of power, whether psychological or financial power, and the influence could try to persuade someone into signing the prenup without fully agreeing with its contents.
It is important to get the right information about the requirements for a prenup to make certain that it is properly written and that it will be legal in the court of law. A prenuptial agreement can be helpful in laying out opinions and beliefs about the relationship during the marriage, and could also help prevent messy disagreements in the event of a divorce.
Source: Findlaw.com, “Top 10 Reasons a Prenuptial Agreement May be Invalid,” Accessed on July 17, 2017