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How to help ensure a prenuptial agreement remains enforceable - II

In the days, weeks and months leading up to a wedding, couples will have to complete a seemingly innumerable amount of tasks. In fact, as we started discussing last time, there is at least one more task -- decidedly unromantic in nature -- that experts recommend they consider adding to their lists: the execution of a prenuptial agreement.

To recap, a prenuptial agreement is a legally binding document that allows couples to reach mutually acceptable decisions on matters like alimony and property division ahead of time, such that in the event of a divorce, they can save themselves time, money and, of course, unnecessary emotional trauma.

As we also started discussing last time, engaged couples must understand that the failure to execute prenuptial agreements properly will likely result in them being declared invalid and these aforementioned advantages forfeited.

To the end, we examined five different situations in which courts will invalidate a prenuptial agreement and, in today's post, we'll examine five more.

  • Invalid provisions: If the prenuptial agreement is littered with illegal provisions (modifications of future child support obligations, etc.) then it's likely it will be considered invalid. However, if only a few clauses can be declared as such, it's likely that the court will strip them and enforce the remainder of the prenuptial agreement.
  • Partial information: Each spouse must fully disclose all pertinent information, particularly as it relates to assets, income, debts and other financial matters. Failure to do so will likely result in the court finding the prenuptial agreement invalid.
  • Untrue information: Similarly, each spouse must truthfully disclose all pertinent information, particularly as it relates to assets, income, debts and other financial matters. Any failure to be honest in this regard will likely result in the court finding the prenuptial agreement invalid.
  • Unconscionable provisions: In the event the prenuptial agreement is drafted in such a way that it would result in one spouse prospering and the other enduring severe financial hardship, it will likely be labeled unconscionable and therefore unenforceable.
  • Failure to consult with independent counsel: Given the gravity of the stakes involved, it's highly recommended that both spouses consult with their own attorney before signing a prenuptial agreement. While the failure to do this won't automatically invalidate the prenuptial agreement in many states, it can nevertheless serve as a highly persuasive factor in determining whether it should be allowed to stand.

Consider speaking with an experienced legal professional if you would like to learn more about your rights and your options as they relate to prenuptial agreements or any other important family law matter. 

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