Are prenuptial agreements valid?
- October 14, 2017
Here’s a legal article from WaistKarma.com. The general answer for whether a prenuptial agreement, commonly called a prenup, is valid is yes. However, the more specific answer depends on the circumstances involved prior or during the making of the prenuptial agreement.
A Prenuptial Agreement is a Binding Legal Document
A prenuptial agreement is a written legal contract between two people intending to marry. The contract outlines issues that can arise when the couple end their relationship or one spouse dies. These issues include, but are not limited to:
• Property division
• Child support
• Child custody
Requirements Needed to Make a Prenuptial Agreement Valid
An invalid prenuptial agreement is one that does not meet state requirements. The exact requirements vary may state law. However, there are some common requirements that will make a prenup invalid.
For instance, both you and your spouse must voluntarily enter discussions about what goes in the agreement. Both of you must also voluntarily sign the contract. This means that you cannot force your future spouse to talk about a prenup or sign the agreement. It must be something you and your future spouse want.
Another requirement is full-disclosure. This disclosure does not relate to hidden secrets that happen to you in third grade or in college. It is a financial disclosure. You must tell your future spouse about all debts and property. If you purchased a house in Mexico, you must inform them. The law requires no financial secrets be kept from your intended spouse.
You and your spouse must have a written document. No oral prenuptial agreement is valid in any state. You must sign the prenup agreement in front of a notary. This makes it an official, legal document.
A prenuptial agreement cannot be lopsided. This means it cannot benefit you and not be fair to your spouse. For instance, you cannot demand that if you and your spouse divorce you receive the house, sole custody of the children, child support and alimony.
The purpose of the contract is to be fair to both parties.
You cannot have the same attorney advise you and your future spouse during prenup negotiations. This will make the agreement invalid. Separate attorneys must be used to ensure the agreement is fair and you understand what you are agreeing to in the agreement.
Also, you cannot sign the contract within hours of the wedding ceremony. This will invalid date the prenuptial agreement. A valid prenuptial agreement is finalized days, weeks or months before the ceremony.
Contact a Prenuptial Attorney Regarding Your Prenuptial Agreement
A prenuptial agreement is a legal contract between you and your future spouse. It strengths a marriage because you do not have to worry about what will happen if there is a divorce or your spouse dies. It is especially important to individuals who have children from another relationship or assets they want to protect.
Contact a family law attorney about your prenuptial agreement. You are not showing that you do not believe in your marriage. You are showing that you believe your marriage will last and willing to negotiate an agreement prior to marriage to protect you and your future spouse. Contact us today.