Prenuptial agreements are important documents for many engaged couples. Not only do these help to protect both parties in the event of a divorce, they also help to set the stage for the finances during the marriage. Before you start drafting the agreement, there are some important points you need to remember.
One of the most important things to do is to make sure that you get this handled well in advance of the wedding. Trying to rush to get it done right before the ceremony can lead to claims that the document was signed under duress, which could invalidate it. By taking the time to get this done early in the engagement, you can make sure that you have it all set up in the best way possible.
Another thing to remember is that the premarital agreement can't overly favor one person over the other. Having anything that seems like it is one-sided might lead to the agreement being invalidated if there ever is a divorce. To prevent this, be sure that it is all balanced out so that the court can see it was clearly planned and is fair.
You can't include anything about children in the agreement. Child support and custody agreements have to be made when the situation arises. They must take the best interests of the children at that time into account. Therefore, you can't set these terms ahead of time.
Finally, the agreement must be fully accurate. You can't hide assets or anything else when you are preparing it. If anything isn't fully factual and accurate, there is a chance that the court will throw out the agreement when you need it to protect you.