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What Makes A Valid Prenuptial agreement?

When you’re getting married, it often seems like you are on top of the world. You are preparing to spend life with the person of your dreams.

However, in this day and age, things don’t always necessarily work out. We often prepare for every other potential roadblock & issue in life, except for marital ones. A prenup can be a good emergency plan if things happen to go south in your relationship post-marriage.

Technically speaking, a prenup is an agreement made by a couple before they marry regarding the division of assets & property should the marriage end. A postnuptial agreement is almost the same, except it is created after the marriage has already begun.

When you’re involved in making a prenup, there are a few things that you may want to include and have correct in order to make sure the documents are valid.

Prenup Essentials

To constitute a valid prenup, the agreement must meet the following criteria:

  • It must be in writing.

  • Both parties must sign it.

  • Both parties must disclose their assets and debts.

  • The agreement must be signed voluntarily by both parties involved. There cannot be proof of coercion or other enforcement to sign.

  • The agreement cannot be unreasonably one-sided.

If you have children, or if children from a previous relationship are in the picture, you may want to include specific provisions regarding them to maintain clarity in the agreement. Similarly, with inheritances, it may be wise to include provisions that surround the division or allocation of those assets with inheritances.

Need Help With Your Prenup?

One of the safest ways to ensure your prenup is valid is to hire an attorney. Here at HOLLINGSWORTH ROBERTS MEANS we can help make your prenup or postnuptial agreement. Just call (888) 211-3888 to schedule an appointment today!

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