Factors to consider when drafting an airtight prenup

| Mar 15, 2018 | Prenuptial Agreements

Future spouses rushing to see family law attorneys to help with drafting prenuptial agreements has become increasingly popular in recent years. While changing laws have motivated some to seek out prenups, others have decided to do so after seeing how some celebrity divorces have resulted in one spouse having to turn over his or her assets to his or her ex.

If you’re leaning in the direction of having a prenup drafted, then there are two important things to know about them.

When a judge is asked to step in and enter a decision about a prenup, it often to do with whether the prospective spouse was forced into signing it under duress.

It’s because of this that most legal experts recommend that the best time to sign a prenup is immediately after a couple gets engaged. It’s much easier for one of the future spouses to prove that he or she was coerced into signing it after he or she has gone through hiring wedding vendors or making travel arrangements than before any of this happens.

Another common problem couples commonly face related to prenups has to do with honesty about assets. If one of the future spouses either inflates or downplays his or her assets or prospective ones, then it could cost him or her significant money in the future if a divorce occurred.

It’s also important to carefully consider all assets, new and old, to make sure that none are left out of the prenup. Legal experts warn that it’s not uncommon for rarely used savings accounts to be forgotten about or the true value of a house or insurance policy to be overlooked. These are possessions that you may want to have appraised before including them in your prenup.

While making sure to give your future spouse ample time to review the prenup and including all your assets in it are both important, certain details included in prenups are seldom enforceable. They can’t speak to child custody issues for future children you may have. Delineations of certain household responsibilities or chores are rarely enforceable either.

If you’re recently engaged, then you owe it to yourself to allow a Fort Worth attorney to provide guidance in your legal matter.

Source: CNBC, “Here’s how to bulletproof your prenuptial agreement,” Scott Cohn, March 09, 2018




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