Prenuptial agreements aren’t just for high-net-worth individuals. Anybody can benefit from signing a prenup before they tie the knot. It’s one of the smartest financial decisions you can make. Prenups protect you both in the event of a divorce and in the event of your spouse’s eventual death.
Prenups aren’t valid unless both parties have their own lawyer who can help them draft and negotiate the terms of the prenup. Draw on our expertise and let us help you negotiate a fair prenup that protects your financial future in the face of unforeseen circumstances.
What makes a Prenup Invalid?
There are four things that can make your prenup completely invalid.
The first is if either party fails to make a full and complete financial disclosure. Failing to do so means the prenup was signed under false pretenses.
The second is if the agreement was signed under duress. This includes social pressure from a partner or the partner’s family. This is one reason why it’s a good idea to sign a prenup six to nine months before the wedding. Singing one too close to the wedding makes the courts worry that pressure was involved.
The third is if the prenuptial agreement is extremely unfair or one-sided. During a divorce, the courts endeavor to treat both parties fairly. Courts take a dim view of agreements that try to get around that. No party should “take everything” or leave the other spouse penniless.
The fourth is if there are illegal or unenforceable clauses in the prenup. For example, prenups should not include child support or child custody clauses. You also can’t add clauses that try to force sexual obligations on your partner, punish adultery, or demand your partner maintain a certain appearance.
Is a Prenup Void after 10 years?
A prenup is not automatically void after ten years, but you should review your prenup every ten years or so to make sure everything in it is still valid and applicable to your situation. You may refresh a prenup to include your new circumstances.
Doing so can be helpful, as a stale prenuptial won’t protect you or help you make the divorce process quick and easy, which is one of the things it’s meant to do.
Should I be Offended by a Prenup?
No. If anything you should be pleased that your spouse is willing to protect you. That doesn’t mean you shouldn’t be leery of an unfair prenup. Get a lawyer and negotiate for good terms.
Prenuptials are far cheaper than contentious divorces, and they have the advantages of being built while you and your partner-to-be are still well-disposed towards one another. Think of it as an opportunity to protect both yourself and your loved one. You’re likely to come out ahead by signing a prenup, not behind.
Get Help Today
Need help with your prenup? Call (306) 791-2189 today.