A prenuptial agreement – far from being a signal that you don’t expect your marriage to last – can be a powerful legal tool that helps you keep separate property separate and that will guide the financial terms of your divorce in the event that your marriage ends. While a prenup can serve a variety of important roles, there are some common mistakes that can render it null and void – or make it less effective at protecting your financial rights – that you are wise to avoid. If you are considering the possibility of a prenuptial agreement, it is time to consult with an experienced Copperas Cove family law attorney.
Mistake One: Putting It Off
If you are pondering the possibility of having a prenuptial agreement, the time to address the matter is right now. If you are planning a marriage, you can look forward to a lot of commotion and busy times ahead that make bringing up and negotiating a prenuptial agreement awkward at best. There are two very important reasons for not putting off addressing your prenuptial agreement, and they include:
A prenup is a binding legal contract, and you and the person whom you are marrying need an adequate amount of time to help ensure that yours protects your separate financial rights and is something you are both willing to sign off on.
The less time there is between signing your prenuptial agreement, and the date of your wedding, the more likely the court is to take the matter of duress into consideration.
Mistake 3: Failing to Work with a Family Law Attorney with Considerable Prenup Experience
Your prenuptial agreement is a legal contract, and without professional legal counsel in your corner, not only is there a greater risk that your prenup will not be valid but there is also a better chance that your financial rights will not be well-protected.
Mistake 3: Failing to Factor in Duress
One party often has more interest in having a prenuptial agreement than the other. Reasons include simply being squeamish about the idea and/or having fewer assets to protect. One thing you must carefully avoid in your pursuit of a prenuptial agreement, however, is putting any pressure – or appearing to put any pressure – on your soon-to-be spouse to sign off on the contract. If the court determines that duress played a role, the contract will be nullified. The person whom you are marrying should have his or her own experienced attorney who helps him or her make informed decisions on the matter. You can negotiate mutually acceptable terms from here.
Reach out to an Experienced Copperas Cove Family Law Attorney Today
Brett Pritchard at The Law Office of Brett H. Pritchard in Copperas Cove, Texas, is a skilled family law attorney who takes great pride in helping clients like you execute well-considered prenuptial agreements that serve them well. To learn more, please do not hesitate to contact or call us at 254-501-4040 today.