Avoid Nullifying Your Prenup, Avoid These Four Mistakes
Prenuptial agreements are becoming more common in marriages in the U.S. Although some soon-to-be-wed couples see prenups as a sign that the marriage is doomed before it begins, the document serves only as a safeguard for the interests of the couple in the chance that the marriage does indeed end. However, as with any legal document, a prenup can be voided if certain circumstances or inconsistencies arise. If you are looking to make sure that your prenup is upheld in the event that your marriage ends, be sure to avoid the following common mistakes.
1. A Falsified Agreement
It isn’t uncommon for one of the soon-to-be-spouses to falsify or undermine the value of a certain asset. It is also possible that he/she could fail to disclose the existence of an asset as well. Proving such an allegation can be difficult without the assistance of an attorney with considerable experience in this area of divorce law. If it can be proven that asset value or any other information on the agreement is incorrect, the form may be nullified.
2. The Agreement Was Not Formed Under Sound Mind
As with any legally binding agreement, a prenup must be formulated with both parties being of sound mind and/or mental capacity. For example, if it can be determined that one of the future spouses was intoxicated when the agreement was formed and was unaware of what said agreement stipulated, the form may be dismissed. The same goes with coercion. Proving that one of the parties was not of sound mind can be difficult, but it is possible.
3. Legal Representatives Were Absent At The Signing
When entering into any form of legal agreement, it is strongly advised to have your attorney present. In most states, this is required. The attorney representing you will review the agreement. This is done in order to catch any irregularities, illegalities, or to question the other party regarding the value of assets identified in the agreement.
4. The Agreement Cannot Be Lopsided
A judge overseeing a divorce in which a prenup has become the focal point of the proceeding may find one or several factors listed that can be grounds for nullifying the agreement. One regards to child support. If one party has stipulated that child support will not be provided in the event of a divorce, the prenup may be nullified since state laws govern the provision of child support. Spousal support, however, varies according to state. Other stipulations, such as most or all assets being awarded to one party, can also result in a prenup being nullified.
Ensure that your prenuptial agreement meets all legal guidelines by working with a divorce attorney from the law firm of Fischer & Van Thiel, LLP, in San Marcos. Contact one of our attorneys today at (760) 757-6854.