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Common Prenuptial Agreement Mistakes to Avoid

Are you committed to having a prenuptial agreement before you get married? Or have a partner who would like you to sign one before your wedding? These matters can be sensitive for a couple and, to alleviate some of the awkwardness, many couples streamline the prenuptial agreement process just to "get it over with." However, a careful approach is needed for this process and, too many times, couples are left with prenuptial agreements that in the long-term do not serve their best interests.

Whether you are trying to establish a prenuptial agreement or are being asked to sign one, look out for the following common mistakes:

  • Lack of legal representation. It is critical that both parties have their own counsel for this process. A capable and experienced Columbus divorce attorney can ensure that agreement is well-crafted, reasonable, and won't produce any pitfalls in the long run.
  • Unenforceable terms. Some clients want to include terms in their prenuptial agreement concerning chores, physical appearance, and even sexual intercourse. Courts rarely, if ever, look favorably on these kinds of terms and do not typically enforce them.
  • Putting the other party under duress. If you want to approach your partner about a prenuptial agreement, timing is crucial. If you do so shortly before the wedding, you are placing them under pressure to sign. This can be recognized in court and invalidate the entire the agreement.
  • Ambiguous language. Like any other contract or legal document, the language in a prenuptial agreement must be abundantly clear. Both parties should make sure that they understand every part of the writing and challenge any unclear elements before signing.
  • Failing to fully disclose. When it comes to assets, debts, income and other financial matters, both parties must fully disclose all relevant information in the proposed agreement. If there is a divorce later on and it is found that either party lied about their finances, the whole agreement may be called into question.

Have more questions or concerns about your prenuptial agreement? Our skilled and dedicated Columbus family law attorneys at Weis + O'Connor LLC have helped countless clients craft and complete sound and comprehensive prenuptial agreements. We can ensure that your individual interests are not infringed upon and that you can move on to your married life with peace of mind.

Want to learn more about how we can help you in this sensitive process? Use our online form to request a confidential case evaluation today.

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