If you speak to any attorney or simply a person who has experienced divorce firsthand, they will probably tell you everyone who gets married should create a prenuptial agreement before saying their vows. The protections that a prenuptial agreement provides for both spouses are immense compared to just about any other legal tool, They can keep spouses safe from some difficulties even if their marriage does not end in divorce.
However, much like creating a will or an employment contract, it is not enough to simply have a prenuptial agreement. If a couple creates a flawed prenuptial agreement and their marriage fails, it may only prolong the process and still leave one or both spouses frustrated with the outcome.
If you have a prenuptial agreement and worry that it may not hold up to the pressures of divorce, you should take time to review it carefully. It is much better to understand the agreement’s weaknesses now, if there are any, so that you can plan around them and keep your rights and priorities safe if divorce comes knocking.
Does the agreement have strong construction?
One of the most common weaknesses in any prenuptial agreement is poor construction. In many cases, this arises because the couple attempted to cut corners when forming the agreement, either by hiring an inexperienced attorney to draft it or by using forms they found online.
In some cases, these products do hold up sufficiently, but the risks are great. Using “stock” agreements does not count for the specifics of your agreement, and may include “stock” weaknesses that you simply do not see at the time. If the agreement is not properly put together, a court may not recognize it fully, and it may offer your spouse opportunities to challenge it.
Are the terms legal?
If your prenuptial agreement contains terms that are not legal, a court will not honor those terms. In some cases, a court may strike unacceptable terms from the agreement, while, in other cases, it may toss out the agreement altogether. Commonly, couples may try to outline child custody or child support terms, which the courts do not allow. An agreement that includes sexual duties, alimony waivers or other grossly unfair terms may also get tossed out.
Protecting your future is not something that you should put off. If you suspect that your prenuptial agreement is flawed, or if you simply are not sure, take time today to ensure your future safety by reviewing your agreement. In doing so, you have a stronger grasp on the challenges a divorce may bring with it, allowing you to build a strong strategy to keep your rights protected when the time comes.