Prenup mistakes to avoid

| Nov 11, 2016 | Property Division |

More and more couples in Georgia today are taking advantage of the benefits that a prenuptial agreement can offer. However, when entering into any legal contract it is important to ensure that the contract is valid if and when it is ever needed. A prenuptial agreement is a contract like any other yet many people fall prey to some common errors that leave them without the protection they thought they had if they ever get divorced.

Perhaps one of the biggest missteps is signing a prenup too soon before getting married. The Huffington Post indicates that this can be a red flag that one spouse may have been forced into signing the agreement. Coercion or signing a contract under duress could result in the nullification of the agreement.

Forbes adds that people should take great care in identifying what provisions they want to include in their prenups as some may be considered unreasonable and therefore unenforceable. An example of an unreasonable provision in a prenup would be a mandate that one spouse maintain a certain weight or hair color during the marriage. Some issues are not allowed to be outlined in prenups like child support so avoiding these is also important when developing a contract.

Both partners are required to fully and honestly disclose the value of all assets when creating a marital contract. This also means that each person should watch for signs of hidden assets or values given that seem far lower than what seems reasonable. Any flags should be investigated.


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