Dedicated Advocate Who Has A Passion For Helping Families

Common prenuptial mistakes you should avoid

On Behalf of | May 8, 2017 | Blog |

One thing you should take into consideration before you get married to your partner in California is a prenuptial agreement. When executed properly, this legally binding contract can help provide financial protection for you if you and your fiancé ever split. When done wrong, you miss out on the protections it offers.

Even though you may not like thinking about divorce when you have yet to get married, doing so now can help you to avoid many of the challenges that can occur when it is time to divide your marital assets during divorce. Here are some common mistakes you should avoid when creating your prenuptial agreement. 

Not being truthful 

You and your partner should provide full disclosure of all assets that are to be included in your prenuptial contract. Failure to provide honest and accurate information is the same as committing fraud and can result in portions of your pre-martial contract becoming void

Pressuring your partner to sign 

Your partner may not feel ready to sign the prenuptial agreement right away. He may be waiting until he feels more comfortable with the idea or is still going over the details to make sure he is not overlooking things. Regardless of the reason why he does not rush to sign it, you should not pressure or coerce him to do so. Prenuptial agreements that are entered into when one party is under duress or forced can result in the courts tossing them out. 

Prenuptial agreements are designed to provide you with financial support if your marriage does not work out. It can help to lessen the duration of your divorce proceedings because you and your partner have already made the major decisions in advance. But, when there are issues that interfere with the validity of your contract, such as predetermined child support and alimony payments, fraud and other unenforceable conditions, you could end up with a prenuptial agreement that holds no weight in court. 

There is a right and wrong way to create a prenuptial agreement. If you need assistance creating an ironclad prenuptial contract, you should speak to an attorney for guidance.