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How can you know if your prenup is valid?

by | May 24, 2020 | Firm News |

When written correctly, prenuptial agreements can be useful tools that allow Texas couples to look to their future with confidence. These contracts outline how the division of marital property will work in the event of a divorce, thus lessening the chance that a couple will later choose to fight over money and assets. However, there are certain technical issues in regard to the drafting and/or execution of the agreement that could result in the invalidation of the agreement. 

Divorce is complicated, and even with a prenup, a couple may disagree on how to handle the property division process. When there is a dispute over a prenuptial agreement, the contract terms may come under review by the court. It’s important that prenups be fair, reasonable, and correctly drafted in order to avoid potential problems that may cause a judge to rule that some or all of the agreement is invalid.

Potential problems to avoid

When drafting a prenuptial agreement, it’s best to look at what is fair and what will make sense in the long-term. Some of the most common mistakes people make with these agreements include:

  1. If both parties did not sign the prenuptial agreement before the wedding, it is invalid.
  2. If one party felt undue duress to sign or did not have a chance to read the agreement before signing it, it could be ruled to be invalid.
  3. A prenuptial agreement cannot be verbal. It must be a formally drafted contract in order for it to be valid.
  4. If both parties did not have enough time to review the terms of the contract before signing, either party may later argue that it should be considered to be invalid.
  5. If a prenup contains false information or invalid provisions, a judge may determine that some or all of it is invalid.
  6. If one or both parties did not disclose all pertinent information when drafting the agreement, the prenup is invalid.
  7. If the document is not executed properly, some or all of it may later be ruled to be invalid.

One of the most effective ways to prevent problems with your prenuptial agreement is to work with an experienced Board-certified Family Law expert attorney in Collin County, Dallas County, Denton County, Midland County, Ector County or surrounding areas of Texas from the very beginning. A prenuptial or postnuptial agreement is an important contract, and the terms could impact your financial future. Having experienced and professional expert help can ensure that you avoid costly problems during a divorce.

The right terms for you

You can custom-tailor your prenuptial agreement to suit your needs and objectives for the future. An assessment of your case with an experienced Board-certified Family Law expert legal professional can help you understand what you may need to include in your contract in order to have the right type of protection for your unique circumstances. A solid and fair prenuptial agreement can help you look to your future with confidence as you prepare to marry.