A prenuptial agreement is a contract that allows you to stipulate how you and your partner will divide assets and obligations should your marriage end. While you are generally free to outline the terms of your prenup, you should be very careful when creating and signing it. Otherwise, you might commit these mistakes and end up invalidating the contract.
The terms of your prenup should be in clear and comprehensible language. This quality helps make it easier to enforce, and it reduces the risk of lawsuits because of potentially ambiguous provisions.
Both you and your partner should honestly disclose your assets and debts in the prenup. Hiding properties and obligations generally makes enforcing the contract more difficult. It might even result in courts invalidating your prenup.
Having unfair terms
Your prenup’s terms should be realistic, doable and fair. Unenforceable and unconscionable provisions, such as requiring your spouse to maintain a specific weight throughout your marriage, will likely weaken the contract.
Having signs of coercion
All parties should sign the prenup willingly. There should be no indication that you pressured, threatened or tricked your partner into signing. Suspicious behaviors, such as having your partner sign the prenup the night before the wedding or while they are intoxicated, may invalidate the agreement.
Not making it official
A prenup needs to meet specific requirements to become official and enforceable. It cannot be an oral agreement; it should be in writing. Additionally, the couple and several witnesses should sign and date the prenup.
Many couples avoid mistakes by creating their prenup with the help of their lawyers. An attorney can help you understand the terms of your prenup and ensure that all its provisions are enforceable and meet guidelines and requirements under current laws.