3 Things To Know About Prenuptial Agreements

3 August 2022
 Categories: Law, Blog


Have you decided to get a prenuptial agreement before you get married? If so, you'll need the help of a family lawyer to help create this document. Here are some things you should know about prenuptial agreements that you may not be aware of.

What Is A Prenuptial Agreement?

Many people have the wrong idea about what a prenuptial agreement actually is, and assume it is when one spouse will receive everything and the other receives nothing in the event of a divorce. A prenuptial agreement is essentially deciding in advance what happens to your marital property if you were to get a divorce, and it can cover as many aspects of a divorce as you feel are necessary.

A prenuptial agreement involves making the same types of decisions that you would need to make if you were to get an actual divorce, except you are making the decisions prior to the marriage. It can help you make tough decisions now so that you do not have to make them later when they are much harder to make.

Can A Prenuptial Agreement Be Invalid?

A prenuptial agreement will generally hold up in court because both spouses agreed to it before the marriage. However, it is possible for a judge to find the prenuptial agreement invalid. This can happen if someone were to lie when drafting the agreement in a way that is advantageous to them (for example, if someone is hiding assets that they own during the marriage).

Parts of a prenuptial agreement can also be found to be invalid if they are not fair. This is often the case with things like child support. For instance, a judge is going to look at what is best for the children involved in a divorce, and will almost certainly not allow a child to receive nothing simply because it was agreed to before the marriage. 

Does Each Person Need Their Own Family Lawyer? 

Ideally, each person should have their own lawyer when drafting a prenuptial agreement. This is much like why both parties need their own lawyer when buying a house, as you want a lawyer working on your behalf to serve your own interests without any conflict of interest. If your spouse is the one that wanted a prenuptial agreement and picked the lawyer to help draft the documentation, you will not have anyone that is working for you to ensure that you are getting a fair deal out of the agreement. 

Reach out to a firm such as Hand Law, P.C. to find out more.