Prenuptial agreements are becoming increasingly popular, but Pasadena matrimonial attorneys caution that there are certain mistakes that must be avoided in order to ensure that your prenup will hold up in court.
- Not having proper legal representation. Both parties need to be represented by an attorney for the prenup to be valid. They can't share an attorney because they each have conflicting interests in determining what is a fair settlement if they later divorce.
- Waiting until the last minute to sign the prenup. When it comes to your prenup, it's never a good idea to procrastinate. If you wait until the last minute to sign the agreement, it's possible that one spouse could later argue that he or she was coerced into signing in order to avoid the embarrassment of having to postpone an already planned and paid for wedding.
- Lying. Full disclosure is a must if you want to have a valid prenup. Lying about income, investments, or debt may get your entire prenup thrown out.
- Including provisions about child support. It's best to avoid including language relating to child support for the children of the marriage. Judges have repeatedly found that child support clauses in prenups run counter to public policy and are thus unenforceable. It is particularly problematic if it appears that the spouses are making an agreement to provide for less support than what the child would otherwise be legally entitled to receive.
- Poorly worded provisions. When it comes to preparing a valid prenup, don't cut corners by hiring a substandard attorney. If your prenup has ambiguous language, it may be interpreted in a way that ends up costing you thousands of dollars in later legal fees. Hire an experienced attorney to save yourself from future headaches.
How Can We Help?
If you are in need of legal representation to create a prenuptial agreement, please call our office at (626) 683-8113 or email us at info@PasadenaLawOffice.com. Our team of skilled Pasadena matrimonial lawyers can help create a document that provides the maximum level of protection.