How to Ensure Your Prenup is Enforced

The divorce rate in the United States is 2.5 per 1,000 while globally it stands at just 1.8 per 1,000. With such a high divorce rate, many people draft a premarital agreement before getting married to make sure they have some degree of protection. However, when mistakes are made in the drafting of these documents, the court may void parts of the agreement, or the entire document. If this happens, marital property is then divided according to state law and neither party has the protection they thought they did. Below, our Orlando prenuptial agreements lawyer outlines tips to make sure your contract is enforceable.

Focus on Financial Matters 

Personal matters such as when you will visit family, how to raise children, and the last name someone will use do not have a place in prenuptial agreements. These legal documents are mainly used to address the financial matters associated with divorce. As such, you should only include provisions for marital property, alimony, and perhaps how debt will be divided.

Make Sure the Contract Meets Legal Requirements 

Prenuptial agreements are contracts and like any other type of contract, they must meet certain legal requirements. For example, prenups must be in writing and they must be properly signed. If your prenup is not executed properly, it will most certainly be deemed void and will not offer any protection at all.

Finalize the Draft Before the Wedding 

Prenuptial agreements are legal contracts and as such, it is important that you take them seriously. If yours is presented to the court, they will want to know that you had enough time to think about it, and the terms within it, very carefully. To show the court that you have given it serious thought, you should draft and sign the contract at least one month before the wedding. If you sign your prenup too close to the wedding, the court may believe one party was coerced into signing the agreement.

Remain Fair 

In order for the courts to enforce a prenup, the agreement must be fair. If one of you receives nearly everything in divorce and the other gets almost nothing, the court will deem this very unfair and not enforce the agreement.

Do Not Manipulate Your Partner Into Signing 

Asking your partner to sign a prenup just before the wedding will likely have the contract thrown out. However, there are other tactics the court may view as manipulative. If you ask your partner to sign the contract while they are sleeping, intoxicated, or otherwise unable to make informed decisions, this will result in the contract being thrown out.

Work with a Prenuptial Agreement Lawyer in Orlando 

The best way to make sure your contract is enforced is to work with an Orlando prenuptial agreement lawyer. At Anderson & Ferrin, P.A., our experienced attorney can help you draft your contract and make sure you have the proper protection if you ever need it. Call us now at 407-412-7041 or contact us online to schedule a case review and to get more information.

Sources:

cdc.gov/nchs/fastats/marriage-divorce.htm

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.079.html