If you are considering getting a pre-nuptial agreement, a.k.a. a “prenup,” there are some things you should know…
I get phone calls almost daily (usually from the person who stands to lose money if they get divorced) who say that they want a prenuptial agreement where their fiance or spouse is entitled to nothing in the case of divorce.
The problem is that these types of pre-nuptial agreements often will not withstand a challenge in the future because they are not equitable (meaning fair) in the eyes of the law. It’s not smart to enter into a prenup that is one-sided. This just makes it vulnerable to failure in the future.
When drafting a prenuptial agreement, our law firm ensures that the we advise our clients how they are most likely going to create a legally binding prenup that will withstand any potential challenges by their soon-to-be-spouses in case of divorce.
Another important aspect of prenups arises regarding whether your fiance needs to be represented by an attorney during the prenuptial agreement negotiations. I tell clients that its always better if their fiance is represented by opposing counsel. We obviously cannot represent both parties. This is just another added layer of protection in the case of a future challenge.
Lastly, if your fiance does not speak English or doesn’t speak English well, I would advise that you have your prenuptial agreement translated into his or her native language to ensure that they fully understand the terms of the prenuptial agreement they are signing. If they later challenge the prenup, claiming they didn’t understand what they were signing, your prenuptial agreement is more vulnerable to being ignored.
Our law office offers free consultations regarding pre-nuptial agreements. Call (866) 830-2064 to schedule your free prenuptial agreement consultation today…