People make plans every day so that we can be prepared. From what to do this weekend to how we will fund our retirement, making plans can be all but unavoidable. But there are some plans that people fail to make because the subject can be complicated or uncomfortable.
This is often the case when it comes to prenuptial or post-nuptial agreements. Spouses or soon-to-be-spouses may feel like discussing plans for the end of a marriage is unpleasant and may be a sign that they don’t have faith in their relationship. However, if people simply consider these agreements as a safety net that may never be needed, it can be easier to approach the subject and word toward a solid and effective plan.
Prenuptial and post-nuptial agreements can establish a couple’s wishes for certain issues, from assigning individual ownership of separate property to alimony guidelines or fidelity clauses. In many cases, a couple never needs to refer back to these agreements because they stay married. However, if they divorce, these documents can provide crucial protection for one or both spouses.
But even the best laid plans can prove to be ineffective if they are not carried out properly. In terms of a prenuptial agreement, for instance, it is not uncommon for the document to be challenged in court. A prenup can be deemed invalid for a number of reasons. For instance, if one spouse was pressured into signing it or if the document contains false information or prohibited terms, the agreement may not be enforceable.
In order to avoid drawing up a prenuptial or post-nuptial agreement that contains invalid or unfair clauses, it can be crucial to discuss your options with an attorney.
The attorneys at our law firm understand that making the decision to plan ahead is only one part of the solution. We can help you follow through and make sure a plan is actually put in place and is legally enforceable. We can also help people who feel that an existing agreement should be challenged. For information on how you can contact us for a consultation about prenuptial agreements, please visit our website.