A prenuptial agreement is not always a legally binding contract and you need to know what a judge might see as an invalid agreement. There is no point in creating a prenuptial agreement at all if it won’t stand up in court. It’s been said that 1 in 3 marriages ends in divorce. So having a legally binding prenuptial agreement is always the best way to go.
21 days before you marriage
If you sign the prenuptial agreement less than 21 days before your marriage ceremony then it might be seen as invalid in court. This is because a judge might be persuaded that one of the parties was pressured into signing the document.
Keep it financial
Your prenuptial agreement could be classed as void if you involve any personal matters. A prenup is about money nothing else. You don’t want to bring any aspect of your marriage into the document.
It’s not about the kids
If you have children or are planning to have children during marriage then you don’t want to involve them in your agreement. This could void the entire document should it go to court.
Make sure you’re honest
If a judge thinks anyone has been duped they will write off the whole contract. Each person needs to know 100% of the others finances, to make an informed choice about signing.
Have a lawyer present
If you go ahead and have prenuptial agreement then on signing, have a lawyer present, to witness it happening. Having someone in the field of law watch you sign it, will stop most doubt in court about whether both parties understood what they were doing. Some people can be bitter through divorce and you don’t want them to be able to make false claims.
Keep it updated
If any major changes occur in your life, to do with your finances then you might want to update your contract. As they could and sometimes do leave the original one void. While you might be happy in your marriage it is still wise to keep to the agreement.
Just for that security in case anything did go wrong.
Some extra thoughts
It is always wise to treat the subject carefully with your partner. Some might take it as a sign of distrust in the relationship. You need to make it clear that it is only part of looking after your assets, and nothing to do with the actual relationship itself. Just because you might not be a millionaire doesn’t mean you don’t have a right to protect your assets.
$30,000 can mean just as much as a million, if you have spent your time working for it and saving it up. Make sure they know that just because you are safeguarding in case of divorce, doesn’t mean you think you will get divorced.
If you make sure they understand that, then you can avoid a lot of potentially hurt feelings. You don’t want either of you feeling unsure about the relationship before the marriage.