When a Maryland couple decides to marry, they are not thinking about what will happen if they divorce. They are thinking about their wedding day, the honeymoon and life as a married couple. Most people aren’t thinking about the potential end to a marriage before it even begins.
However, there are times when it is necessary to consider divorce and beneficial for a couple to consider drafting a prenuptial agreement. This contract can protect a person’s rights and financial interests in the event of a divorce down the road. While these contracts can save time and help a couple avoid fighting over property division, there are issues that could possibly render these agreements invalid.
Avoid complications in the future
If you have a prenuptial agreement, it is because you want to protect your assets and make things easier in case of a divorce. In many divorce cases, however, it is common for a spouse to challenge the terms of a prenuptial agreement in hopes of securing more money or certain assets. This is why it is crucial to ensure that your agreement does not contain mistakes and includes the right terms necessary to protect your interests.
When there are issues with a prenuptial agreement, a judge could render part or all of it invalid. Certain things that could cause issues with the enforcement of a prenuptial agreement include:
- Both parties did not sign the agreement before marriage, or the agreement is not in writing.
- One party claims he or she felt pressure to sign it despite hesitation about terms or without being able to read it in its entirety.
- There is false information included in the prenuptial agreement.
- One spouse did not have enough time to read the agreement or consider its terms.
- The agreement is not complete or it contains provisions that are invalid.
The above reasons are only a few examples of why it is important for a person to seek experienced legal counsel when drafting this type of agreement. The terms are important, and their implications are significant.
Before you sign an agreement or move forward with drafting a prenup, you may want to speak with a legal ally regarding how you can best protect your rights and options. You may not expect to divorce, but you will be able to look to the future with confidence when you have strong and enforceable legal protections in place.
