If you are newly engaged, you and your spouse-to-be may be planning to create a prenuptial agreement. Creating a prenuptial agreement can be an emotional process, and requires open and honest communication between both parties. There are mistakes that are commonly made when creating an agreement, and these mistakes can invalidate the agreement entirely. Continue reading for 3 prenuptial agreement mistakes every couple must avoid.
#1. Creating a prenuptial agreement under duress. If you feel you are being pushed or pressured into signing a prenuptial agreement before your wedding, or if you are the one doing the pressuring, you should know that an agreement made under duress could be deemed invalid if you pursue divorce in the future.
#2. Hiding important information. When creating a prenuptial agreement, it is vital that all information concerning assets or debts is disclosed. If you or your spouse have excluded important information from the agreement, the court may invalidate the agreement if the marriage ends.
#3. Opting out of hiring independent representation. In order for a prenuptial agreement to be considered valid, both involved parties must be represented by their own, independent attorney. A lawyer has the responsibility of making sure their client’s best interests are represented and that every aspect of the agreement is understood before signing the prenuptial agreement.
Finding a skilled family lawyer who has experience in representing clients as they create and sign a prenuptial agreement is crucial to ensuring your agreement is valid. Lindsay Soto is an experienced attorney representing families in Salem, Oregon and the surrounding areas. To learn more about working with the Law Office of Lindsay Soto, click here or call 503-315-7344.