A prenuptial agreement isn’t always a nice topic when you’re getting married, but it might be necessary. Owning a business, having children from a prior relationship, and wanting to secure your financial future are a few reasons to have one. If a prenuptial agreement is a must-have, avoid these 7 common mistakes when drafting it.
1- Waiting Too Long
Waiting too long to create a prenuptial agreement can work against you. First, it could be too late to present it to your fiancé because both parties must agree. Second, you want to ensure everything is acceptable. If you take too long to draft it, there might be mistakes, and you won’t have enough time to edit your document.
The best thing to do is to allow for sufficient time when discussing the idea of the prenuptial agreement with your spouse and creating the document. It should be completed and signed a few months before your wedding.
2- Sexual Requirements
You cannot include any sexual requirements in a prenuptial agreement. This mistake can cost you because the court will not enforce it. If your spouse isn’t in the mood to be intimate, you can’t force them. Even if the clause in your agreement is that you will have relations once a week, it wouldn’t be considered contractual.
3- Duress
A common mistake while drafting a prenuptial agreement is to get your fiancé to agree to the terms under duress. You can’t use threats, guilt them, or spring the document on them to sign immediately before your wedding. Duress would negate the document in the eyes of the court. Additionally, your fiancé would have to agree to all of the agreement’s terms to make it valid.
4- Aiming Only to Protect Yourself
Too many people who get prenuptial agreements mistakenly believe the documents are only used for self-protection. You cannot draft one solely for your self-interest. Your soon-to-be spouse must also be taken into consideration in your prenuptial agreement. This means that all the terms included should reflect both of your interests. For example, you might have children from a prior marriage and your fiancé might own a business independently from your relationship.
5- Waiving Your Financial Responsibilities
A prenuptial agreement aims to protect each party’s interests if they ultimately divorce. However, that doesn’t mean you can include language that waives your financial responsibilities if your marriage ends. The court would never enforce a prenuptial agreement that states you are not liable for alimony or child support if your income is higher than your spouse’s.
6- Vague or Unclear Terms
Another common prenuptial agreement mistake is to include vague or unclear terms. The document should be drafted in plain English that’s easy for everyone to understand. If your fiancé doesn’t know what they’re signing, the court could refuse to authorize the prenuptial agreement. Be as specific as possible to avoid making this mistake.
7- Being Secretive
Hiding certain assets from your significant other is a mistake when drafting a prenuptial agreement. This is because everything must be out in the open with a legal document. If it comes to light that you failed to disclose everything, the court might rule against you and award those assets to your spouse.
The best way to ensure your prenuptial agreement becomes valid is to avoid making these mistakes. The court wants to ensure everything is fair and discernible for you and your spouse.
