Resolving Differences By Putting You And Your Family First


Resolving Differences By Putting You And Your Family First

3 requirements for drafting an enforceable prenuptial agreement

If you and your fiance agree that a prenuptial agreement would be good for both of you, then you want to draft a contract that will stand up in court if you need it. Reaching a mutual agreement with your future spouse that a prenuptial agreement would benefit you both is a step in the right direction.

Still, your fiance might potentially try to argue about or challenge the agreement later if you get divorced. Making sure that you draft an enforceable and valid prenuptial agreement will make the investment in the agreement worthwhile.

Make sure you retain your own attorneys

It may seem silly to have two different lawyers handle a contract between future spouses, but that is exactly what you need to do. When each spouse has their own lawyer review the agreement, neither can claim later that they signed it without understanding the contents.

If you hire an attorney to draft the contract and your spouse signs it without legal representation of their own, they may have grounds to challenge the prenuptial agreement later.

Include terms that benefit both parties

Prenuptial agreements are often utilized by those with significant resources that they wish to protect. You can protect your own best interests without creating a totally one-sided contract.

If you don’t receive something that seems valuable to the courts, then a judge is less likely to approve the agreements. A one-sided prenuptial agreement may seem unconscionable and therefore unenforceable.

Be careful not to include anything illegal

One of the easiest ways to undermine your prenuptial agreement is to include things not allowed under the law. For example, a parent cannot preemptively waive their right to child support, since the child is the one entitled to support from both parents.

Clauses that micromanage personal appearance or intimacy in the relationship might also undermine the validity of the contract. Keeping your focus on practical concerns like the division of your property and the protection of certain assets will be a better approach than including rules about how your spouse maintains their hair.

Thinking carefully about how you approach the creation of a prenuptial agreement will help ensure the document protects you if you ever have to use it.