We have previously written in this blog about the importance of taking the time and effort to get a prenuptial agreement right before entering into marriage. Failure to do so can result in the agreement being set aside, which can cost the couple extra time and money to sort things out, in the event of divorce.
There are various reasons prenuptial agreements can be invalidated in the divorce process. The grounds on which marital agreements can be set aside are defined by state statute, and generally include:
- Failure to execute the agreement properly
- Failure to fully disclose one’s assets and debts
- Coercion and duress
A court can also look at the fundamental fairness of the agreement. When something is awry in one or more of the areas, courts can take appropriate measures to remedy the problem – including throwing the agreement out.
It is critical to draft prenuptial agreements with precise language to ensure a court is not able to misconstrue the meaning of terms. Even one little word can make a big difference in the outcome of property division based on a prenuptial agreement.
One of the best precautions you can take to ensure your agreement is carefully and accurately drafted is to begin the negotiation process well in advance of your marriage. Waiting until the weeks and months leading up to your wedding can put you and your fiancé at risk of rushing into a decision and failing to adequately consider the agreement. The earlier you get started, the more time you will each have to work with an experienced attorney to ensure that both of your interests are protected in the agreement.
