Tips for Writing Your Prenup

 Posted on November 18, 2013 in Divorce

A prenuptial agreement may seem best reserved for the very wealthy or famous, but the truth is that all couples—no matter their economic status—should have a prenup. A prenup ensures that in the event of divorce no one gets the wool pulled over his eyes, and, in some cases, can also help keep the divorce proceedings from being as nasty as they might otherwise be. According to the Huffington Post, however, “many people, including celebrities and other high net worth individuals, have had their prenuptial agreements invalidated due to common mistakes.” While no one should attempt to write or enforce a prenuptial agreement without the assistance of a qualified family law attorney, it’s a good idea to know what you’re getting yourself into. According to the Huffington Post, the number one most common mistake made by “couples when executing a prenuptial agreement” is that the couple doesn’t realize that both parties need a separate attorney. This is true even if the divorce is amicable, and can be a difficult decision. In many cases, a family will have an attorney that it has worked with for years—in the event of a divorce only one spouse can opt to work with this attorney. The same is true for a prenup. The prenuptial agreement MUST be signed in the presence of two separate attorneys. “Each attorney will make sure his/her client fully understands the prenuptial agreement and the signing is done voluntarily,” according to the Huffington Post. If a prenup is signed under duress, reports the Huffington Post, the agreement can be challenged in court and thrown out. Duress can refer to incapacitation of one party, as if he were drunk or under the influence of drugs. A prenup can also be invalid if it is signed too soon before the wedding. The agreement, according to the Huffington Post, should be signed “at least one to three months before the wedding date.” And even though it may seem like a good idea to address the possibility of future children in a prenup, “a prenuptial agreement cannot have any provisions relating to the children of the marriage, such as custody and child support,” according to the Huffington Post. If you or someone you know is considering divorce—or have questions regarding a prenup or other family law matters—don’t go through it alone. Contact an experienced Kane County divorce attorney today.