Many couples view prenuptial agreements as a way to prevent spouses from getting anything in a divorce. While some lawyers may sell the idea of protecting one spouse, the law does provide protection for both parties. So, the truth is there really is no such thing as an ironclad prenup. Prenups must meet standards of fairness and honesty in order to be valid. Whether you are trying to either enforce or avoid a prenup, experienced attorneys can provide a guide to protect both parties in a divorce.

How To Create A Prenup

For a prenup to be enforceable, both parties have to be honest when drafting the agreement. It’s obvious that neither party should lie about assets or where they are located. You must disclose everything you are protecting when entering a prenuptial agreement. Any spouse that can prove they agreed based on false information may be able to convince a judge to invalidate said agreement.

Parties cannot withhold any information. Any agreement based upon incomplete information regarding finances is anything but an ironclad prenup. Dishonesty, based on either a lie or omission, will void the prenuptial agreement.

This means everything must be disclosed, including business interests, personal assets and debt(s). A prenup can help keep a business from being divided and possibly collapsing following a divorce.

Fairness Of Terms

Terms must be fair, even when both parties have been honest. The agreement may be overturned if one of the spouses would be destitute. Typically, a court will not enforce an agreement if doing so could result in ruining one’s life.

This can include any unnecessary demands, such as forcing a spouse to agree to something against their wishes. Nobody can be legally coerced into signing a prenuptial agreement. If you can prove that a spouse, attorney or family member forced you to sign an agreement, the prenup will not stand.

Finally, both parties need to have fair representation during these negotiations. Otherwise, an ironclad prenup created when one person did not get legal advice could be challenged and thrown out in court. Both spouses should have the benefit of counsel.

Legality Of The Prenuptial Agreement

There are a few terms that cannot be included in a prenup. Child support is one such issue that can’t be included in the agreement. Child custody is another issue that can’t be tackled in a prenup.

Both sides need legal counsel to help create an enforceable prenuptial agreement. There is truly no such thing as an ironclad prenup. Yet, with fair terms and experienced legal representation, you will be able to create a prenup that’s suitable for both sides.

In the event of a divorce, your legal team will review the prenup’s validity. Contact High Desert Family Law Group today with any questions.