If you’re getting divorced and you have a prenuptial agreement in place already, or if you’re considering creating a postnuptial agreement prior to a divorce, it’s important to ensure that the agreement is actually going to stand in court.
People often assume that it will, but there are mistakes you can make that will cause the prenuptial agreement to be thrown out. This could mean that you don’t have the protections you are assuming from a financial perspective.
Timing is crucial
First of all, timing is important and the prenuptial agreement must be signed with enough time before the wedding that both parties can read it and consider it carefully. Additionally, a prenup that is signed right before the wedding could be thrown out if the other person claims that the pressure of the wedding day put them under duress. Essentially, they’re just saying that they didn’t want to sign but they felt that outside pressure forced them to do so, and the court may take that into account.
You can’t address custody Issues
Another thing to remember is that a prenuptial agreement is just for the division of assets and other financial issues. You cannot address child custody in any way. When you get divorced, even if your spouse said that they would give up their custody rights in a prenup, the court is not going to honor that. They’re going to make a custody order based on the child’s best interests, so the prenup is invalid.
These are a few things to think of as you move through the divorce, so be sure you carefully consider all of your rights and the legal steps you’ll need to take.