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3 mistakes that could invalidate a prenuptial agreement

While the prenuptial agreement has historically suffered from a bad reputation, in recent years, couples have started seeing the document in a new light. Premarital contracts allow the couple to clarify the intangible financial assets and the real property each party brings into the marriage.

Unfortunately, in their zeal to create a comprehensive document, the couple might add certain language that ultimately creates an issue within the prenuptial agreement itself, including:

  • Including lifestyle provisions: Whether attempting to avoid future marital disputes or simply injecting levity into the legal document, many couples include lifestyle provisions in their prenuptial agreements. From determining vacation plans in advance and agreeing to an intimacy schedule to deciding what chores each spouse will handle, lifestyle provisions have no place in a legal document and the court will likely invalidate them.
  • Hiding assets: It is not uncommon for one party to worry about their independent future post-marriage. To this end, an individual might hide assets from the spouse. Whether this is a vacation property, retirement fund or a savings account, hidden assets will likely invalidate the prenuptial agreement. During any type of legal proceeding, honesty is always the best policy.
  • Including discussions about child support or child custody: While it might seem like a noble discussion, attempting to include agreements based on child support, child custody, visitation or any type of parenting time agreement will likely invalidate the prenuptial contract. The court prefers to make these decisions, should a divorce become reality, in the present using current data to guide the resolution.

Drafting a prenuptial agreement is a smart plan for couples. Whether entering their first marriage with significant assets, or bringing property into a subsequent relationship, it is wise to take steps to clarify who owns what. After years and decades of marriage, certain financial facts can become blurred with age. The prenuptial document helps keep everything clearly stated.

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