Having a prenuptial agreement can be beneficial for many couples, despite the reputation that prenups usually have. These are not just agreements that stop “gold-digging.” These documents can make it much easier to separate property and finances in a divorce. Still, there are some things that you should know before you sign such an agreement. A Tazewell County prenuptial agreement lawyer can tell you more.
When Does a Prenuptial Agreement Need to Be Signed?
As its name implies, the prenuptial agreement needs to be signed before you get married. This does not mean that you spring the agreement on your partner the day before you get married though. This is a good way to get your prenup invalidated by a court down the line. Both people need the chance to really go over the agreement and make sure that they are on the same page.
Do I Need a Lawyer to Make Our Prenuptial Agreement?
It is usually a good idea to write up a prenuptial agreement with the help of an attorney. Each spouse can also use their own attorney to make sure that they are adequately protected.
When you have an attorney help you with your prenup, you know that you are getting a legally binding document. Sometimes people make a prenuptial agreement on their own and it ends up getting voided by a judge. Sometimes people include things in a prenup that are not supposed to be there, like agreements about child custody. Did you know that you cannot make agreements related to child custody or support in a prenup? A lawyer from our firm would know that, and they would know not to include such things.
When Can a Judge Void an Agreement?
In some cases, a judge can actually void a prenuptial agreement. The court can look at a document and decide that it is invalid if:
- One spouse signed the contract without fully understanding its terms
- One spouse signed it under duress
- One or both spouses failed to disclose all of their assets
- Some provisions included are not covered by prenuptial agreements
In some cases, parts of a prenup will be struck down. We mentioned before that child custody cannot be decided by a prenup. If you included that in your agreement, the court can decide to strike just that part down. However, it is important to know that the court can also decide to strike the entire agreement down based on one bad provision! This is why you should consider talking to a family lawyer before you draft an agreement of your own.
Talk to a Family Lawyer Today
So if you are considering the use of a prenuptial agreement, it’s wise to talk to a professional. Contact Butler, Giraudo & Meister, P.C. and schedule a consultation. We can tell you more about how these agreements work and what you should include in yours.
