No couple planning a marriage really wants to consider the option of divorce but the reality for such a situation does exist. Having a solid prenuptial agreement in place can help make a divorce that may happen potentially less complicated than if no such agreement existed. Prenuptial agreements have become more popular for this reason and many couples in Houston now consider them before entering a marriage.
A news article that was recently published discusses some ways to help ensure the maximum protection from and validity of a premarital agreement, citing all-too common problems that people may fall into. Couples wanting to draft an agreement to protect assets or protect rights should first and foremost ensure that they have their document clearly in writing versus leaving it to an oral agreement. Additionally, both spouses-to-be should have their own legal representation as well.
A marital contract that is created and signed very close to the date of the actual wedding can be a red flag later on, signaling that perhaps one spouse was coerced in some way into signing the agreement. Provisions regarding children, whether for child support or custody arrangements, are not able to be included in a prenuptial agreement. Some judges may even nullify the entire agreement if such stipulations are included.
Couples that are interested in having a prenuptial agreement draft formalized could consider working with attorneys well before their wedding date. Taking the time to review the assets and wishes of each party can be a valuable process.
Source: Huffington Post, “10 Common Prenup Pitfalls,” David Centeno, November 4, 2013