The chief goal of drafting a prenuptial agreement with your future spouse is to ensure that you're both protected in the event of the dissolution of your marriage. The last thing that you want during the difficult time of divorce is to present the agreement to your respective divorce attorneys, only for the document to be invalid. While having a good family attorney help you by drafting up your prenuptial agreement dramatically reduces the risk of an invalid issue haunting you in the future, there are still some things that you must do. Here are some points to think about.
While it's obvious that a prenuptial agreement must be signed by both parties to be valid, it's also ideal if you contribute to this document together. When one person hires an attorney to write up the document and asks the other to sign it, the other person may not feel as though the document serves his or her best interests. This can lead to the person, at the time of divorce, having his or her family attorney work to declare the document invalid. A rock-solid prenuptial agreement should be written collaboratively.
Don't Force The Other To Sign
If you're particularly intent on having a prenuptial agreement and your future spouse isn't, you might force him or her to sign. Some people are opposed to prenuptial agreements because they don't like to think about the possibility of divorce. It's possible that your future spouse may have declined wanting a document, but you could have had one drafted up and forced him or her to sign. In the event of a future divorce, there's a strong possibility that your spouse will relay this information to an attorney, who will appeal the document to have a court declare it to be invalid.
Get Professional Help
While it's possible for you to write a will on your own — although it's always a better idea to have an attorney help you — a prenuptial agreement isn't something that you should tackle yourself. A homemade prenuptial agreement lacks an authoritative quality, and presenting your divorce attorney with this document may lead to complications. If you and your future spouse are discussing the idea of a prenuptial agreement, you should always sit down with a family lawyer for help. Doing so will reduce the risk of learning of the invalidity of the document at a difficult time in your life.Share