A prenuptial agreement is a marital document you make prior to getting married. This legal document details who gets what assets and why in case of divorce. In today’s culture, having a prenup in place has become a somewhat standard practice for many engaged couples. Married couples from all walks of life are seeing the benefits of creating a prenuptial agreement. Because you can save time, money, and effort, it is recommended that you seriously consider having a prenuptial agreement in place for your marriage.
However, having a prenuptial agreement drafted and signed is not always enough in some situations. Your prenup must be valid, otherwise the court will throw it out if a dispute was to arise. If you aren’t sure that your prenuptial will stand up to the courtroom’s scrutiny, it might be time to revisit and rewrite it.
Common reasons that prenuptial agreements are voided include:
- Not In Writing: While there are plenty of verbal agreements and contracts made in the business world, they are not common when it comes to family law. If you do not have your prenuptial agreement in writing, it won’t mean much of anything to the court, even if you and your spouse agree on the terms it contains.
- No Disclosure: In order to fairly determine who gets what property and assets, everything you own will need to be completely disclosed. Leaving out a bank account or hiding a deed to a secret summer home will instantly null and void a prenuptial agreement. The court will not look kindly upon undisclosed items.
- Undue Pressure: When it comes to legally binding contracts, coercion of any sort is a deal breaker. If it can be shown that you or your spouse did not act on your own accord when signing the prenup, the judge likely won’t accept it.
- Invalid Claims: Prenuptial agreements are intended control property division and spousal support provisions. If your prenup includes child support or child custody arrangements, the provisions will be completely tossed out and the rest of the agreement will be carefully reviewed by the court.
- Clerical Error: Improperly drafted prenuptial agreements are usually tossed out by the court. Having a missing signature or some incorrect legalese can result in the entire agreement coming undone.
If you need help drafting your prenuptial agreement, you should immediately consult with our attorneys. At Malinowski Hubbard, PLLC, we are here to answer all of your questions and concerns. Let us put our skills and experience to work for you today.
Contact our Fairfax team of family law attorneys to discuss your case today.