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Do's and don't of prenuptial agreements

As we have learned over the years of representing people in divorces, prenuptial agreements are becoming much more mainstream. No longer are they reserved for celebrities or the uber-rich. However, the reasons for hatching a prenup may be varied; whether they are personal (i.e. a person’s family is pushing for it) or professional (i.e. one or both parties have significant assets).

Whatever the reason, talking about prenuptial agreements may not be so easy because of the notion that you want to prepare for the marriage to fail. Nevertheless, there are a number things couples should consider in preparing to sign prenups. This post will mention a few. 

Have separate legal representation – Both parties should have their own independent legal counsel review the prenuptial agreement. Each party must understand the legal implications of signing the prenups. Moreover, if a party was unrepresented, it could be invalidated later.

Don’t pressure someone into signing a prenup – While it may seem obvious, a party must not be coerced into signing a prenup. Additionally, if a party signed under duress, chances are that a court may set the prenup aside later because the party did not enter into it willingly.  

Do not include child support provisions – The amount of child support that can be issued through a divorce decree is based on state law. As such, an agreement to void a parent’s right to child support will be invalidated.

Don’t wait till the day of the wedding – Asking your soon-to-be spouse to sign a prenup on the day of the wedding (or close to it) is not only just tacky, it can form the basis for invalidating the agreement.


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