When people decide that they are going to get married, they are likely going to focus on things like picking out the wedding colors and planning the honeymoon. They typically don't think to plan for divorce. This could prove to be a mistake for some people.
For people have already amassed considerable wealth or those who will have an inheritance coming, a prenupital agreement might be in order. It is critical that they get this handled properly so that they have the protections the document can afford if they end up getting a divorce and need to divide property.
It is possible that a prenupital agreement might be considered invalid. Here are some of the most common reasons:
- Rushing: Both parties need to have time to read over the document and understand what it says
- Verbal agreements: Prenuptial agreements must be in writing, so verbal agreements don't have to be honored
- Signatures: A valid premarital agreement has to be signed by both parties before they get married
- Incomplete or false information: The disclosures in the agreement must be factual and complete since anything missing or fibbed can invalidate the entire thing
- Invalid points: Provisions like child custody or support, as well as some others, can't be included in the agreement
- Duress: Neither party can pressure or threaten the other party in order to get the agreement signed.
- Unbalanced: The terms of the agreement can't sway heavily toward either party
Couples who are planning a wedding should address the need for a premarital agreement early in the engagement. This gives them time to work out the conditions and ensure that they have a properly executed document.