As a family law lawyer, like from Robinson & Hadeed, can explain, a prenuptial agreement allows the finances and properties of each person to remain in their control should a divorce be necessary down the road. While many prenuptial agreements (or prenups) cut out one partner from already earned or acquired assets, you can also have a prenuptial agreement for income from a business or career that is not yet earned.
One of the leading reasons as to why a couple should consider a prenup is when both partners are older or have children. The parent with more assets may not want to jeopardize the future of their child should the marriage not work. Additionally, an older couple may wish to keep their finances separate because of the financial drain that can occur if one of them goes into a nursing home after divorce. A prenup lawyer can help work out all the details to make sure you’re protected.
In general, couples that come from vastly different financial backgrounds may wish to consider getting a prenup if one partner has a substantial amount of assets or future inheritance, while the other partner does not. Also, when the conditions of the marriage are rushed, if the couple has not had a very long history knowing one another, or if they have been through divorces before, one or both individuals may wish to sign a prenuptial agreement.
It can seem insincere or cold, but in many cases, a prenup is the way to go in order to avoid future problems that may arise. If you have any questions about signing a prenup or are going through a divorce and need legal representation to help uphold your prenup in court, contact a prenup lawyer today.
In many states, both parties must have legal counsel present upon signing the document and full disclosure over each other’s finances must be made.
When Prenups Are Not Upheld by the Court
Not all prenuptial agreements are seen as valid by the law. In some cases, the court may not uphold the prenuptial agreement. Listed below are some of the top scenarios of failed prenups:
- The prenup was made on fraudulent grounds, such as one spouse not fully disclosing their financial assets
- Coercion or duress. If it can be proved that the document was signed under coercion (it was forced) or that one party was under duress, the prenup may not be valid. For instance, this can occur if one party was not mentally capable of making the decision, either because of impairment or a medical condition
- The paperwork was flawed
- There was not legal representation present
- The agreement was ludacris in some manner
If you need help deciding upon creating a prenuptial agreement, need legal counsel present for signing, or are going through a divorce and you and your partner had a prenuptial agreement, call a law firm today for a consultation with a family lawyer.