Mahaffey & Associates, LLC
Call For A Free Consultation

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.


No Comments

Leave a comment
Comment Information

Ready To Help

Call Mahaffey & Associates, LLC, toll free at 888-422-6894 to speak with one of our experienced lawyers.

We offer free initial phone consultations. Evening and weekend appointments are also available upon request.

We accept Visa, MasterCard, Discover and American Express.

VISA | MasterCard | American Express | Discover Network
Tell Us About Your Legal Need

Tell Us About Your Legal Need

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

A Full Service Firm For Northwest Ohio with Three Convenient Locations 24/7 Phones And Appointments Taken at 888-422-6894.

Sylvania Office
8527 Central Avenue
Sylvania, OH 43560

Sylvania Law Office Map Phone: 419-829-2255

Northwood Office
3200 Woodville Road
Northwood, OH 43619
Map & Directions Phone: 419-693-5515
By Appointment Only

Toledo Office
3131 Executive Parkway, Suite 100
Toledo, OH 43606
Map & Directions Phone: 419-472-5555
By Appointment Only