If you are one of the responsible couples who decided to keep their emotions aside and work on a prenup agreement, you may be thinking, “Where can I find a good divorce lawyer near me?”. Creating a prenup is not easy. Due to a lack of legal knowledge, people often make costly mistakes in their prenup that affect the outcome of their divorce big time.
Prenups establish rights and responsibilities. Therefore, it is not surprising that they can be complex and meticulous. To learn about your rights and avoid mistakes, book a consultation session with a lawyer today.
Common prenup mistakes to avoid
Not making the agreement official.
Most couples make one mistake: agreeing on terms and creating a prenup agreement but forgetting to make the document official. It is one thing to write your terms on a piece of paper and another to put in it legal writing with attorneys present. It may be difficult to tell your spouse that you want an official agreement, as they may think you do not trust them. However, you must exercise your right to secure your future.
Not hiring separate attorneys.
The same attorney cannot work for two parties that are against each other. If you and your spouse hire only one attorney to look into both of your needs, the judge may consider your agreement biased and thus, not enforce it. Getting independent legal representation will ensure that prenup terms are in your best interests and do not compromise your rights.
Thinking you do not have enough assets for a prenup.
Back in the day, it was believed that only the rich and wealthy needed a prenup. However, that is not true at all. Whether you are a millionaire or belong to a low-income class, you should be responsible enough to maintain some control over your future finances.
Coercing your spouse to sign the agreement.
You should never force or coerce your spouse into signing a prenup agreement. If your spouse proves that you used to blackmail, threaten, or pressure them to sign the document, the court will reject the prenup. To avoid this, be patient and understand your spouse.
Using unclear language.
Prenups are legal contracts, and thus, you must use clear and precise language at every point in the document. Using ambiguous language can potentially give your spouse a chance to challenge a confusing term in court. The perfect thing to do is hire an attorney and ask them to draft a contract to ensure no mistakes.
The assistance of a skilled attorney can make the process of drafting a prenup agreement a lot less complex than it actually is. Each prenup is different, and what worked for your friends may not work for you. An attorney can help you create the best agreement according to your interests.