19 Jun Prenuptial Agreements: Are You Doing it the Hard Way?
Engagements are exciting and romantic. When you are about to enter a marriage with someone you love deeply, drafting a prenuptial agreement can seem like the last task you want to do. Prenuptial agreements can make some couples uncomfortable, as it makes the possibility of the marriage ending in a divorce seem like much more of a reality. However, even though it can sometimes be uncomfortable to draft a prenuptial agreement, it is a fiscally responsible and legally useful document that can assure each partner that the marriage is safe to enter into.
While signing a prenuptial agreement can be highly beneficial, it can also be a frustrating process that can cost you a lot of time and effort if approached incorrectly. Educating yourself on the ins and outs of prenups by talking to your attorney can help you ensure that you are avoiding drafting your prenuptial agreement “the hard way.”
Start the Process Early
More so than any other tip in this article, this one is perhaps the most important: never wait until the last minute to start drafting your prenuptial agreement. Waiting until right before the ceremony to bring up and draft a prenup will not only make the process nearly impossible, but it could also arise suspicion in your spouse. A healthy prenuptial agreement should ideally protect the valuable property you are bringing into the marriage in case things go south. Being realistic about your potential future as a couple can be healthy, but springing unneeded stress onto a partner right before the wedding date is not.
Bringing up the prenuptial agreement terms early on in an engagement can help you, and your spouse understand boundaries and make entering the marriage less stressful overall. Additionally, it will give both attorneys representing you and your spouse plenty of time to make sure the agreement is legally sound and beneficial to both parties. Avoid creating a difficult and frustrating situation for your marriage by drafting a strong prenuptial agreement in a timely and clear-headed manner.
Execute the Document Far in Advance of the Wedding Date
In addition to drafting the agreement earlier, you should also sign the document as quickly as possible once the details are finalized. Depending on your judges, jurisdiction and other factors, a prenuptial agreement that is signed extremely close to the actual wedding day may be considered suspicious. If your agreement appears to be rushed judges may determine that a spouse may have been coerced into signing the form, which can lead to the agreement being ruled as invalid.
When you have taken the valuable time out of your pre-wedding planning to draft a prenuptial agreement you want to take very step possible to ensure that it is not thrown out. Drafting a prenup can be difficult to do emotionally and requires a lot of concentrated planning ahead, so always avoid putting yourself at risk of “the hard way” of finalizing your prenuptial agreement.
Honest and Full Financial Disclosure
Honesty is the best policy when drafting a prenuptial agreement with your partner-to-be. Attempting to hide assets will not only hurt your spouse’s ability to trust you, but it will also expose you to legal issues and create the risk of the entire agreement being voided. Being as open as possible with your partner can make it easier for them to do the same. Many fears tend to surround the drafting of prenuptial agreements, but if approached in an honest and open manner, drafting a prenup can make entering the marriage much more comfortable. Avoid future regret by never lying in the process of creating this important document.
While it is useful to educate yourself on the potential pitfalls associated with drafting a prenuptial agreement, your attorney is ultimately your best source for learning how to avoid drafting a prenup “the hard way.” Do not put this important process off a minute longer and begin preparing your ideal prenuptial agreement as soon as possible.