For as long as I can remember, the legal field has always fascinated me. While my friends watched sitcoms and cartoons, I chose to watch courtroom dramas and real life trials unfold. There was never really any question as to what I wanted to be when I got older. The only profession for me was that of a trial lawyer. Unfortunately, a serious car accident several years ago changed all that. Now, my injuries prevent me from leaving my home most days. However, my love for the law has never went away. While I may not be able to realize my dreams of becoming a trail lawyer, I still wish to help people with their legal problems. That is why I decided to start this blog. It is my hope that the information contained in these pages will help other accident victims like me when filing their personal injury claims.
Prenuptial agreements have become increasingly more common. Many people now understand how important a prenuptial agreement is and work toward getting one before they say "I do." However, what many people don't understand is that a prenuptial agreement can be contested and, if you aren't careful, you could make some mistakes that deem your agreement invalid. Here are some mistakes to avoid when creating and executing a prenuptial agreement.
1. Both Sides Not Getting Counsel
When you write up the agreement, you need to make sure that your future spouse meets with his or her own lawyer. Don't encourage them to just meet with your lawyer. Your lawyer is protecting your interests and your spouse needs to have legal counsel that explains everything and ensures that they understand what is going on. In addition, they need legal counsel to fight for their interests to make sure that the agreement is reasonable.
If both of you have sought legal counsel, and both of your signed the agreement knowing full well the terms and the risks, then there is a greater chance it will hold up in court.
2. Working On The Agreement Right Before The Wedding
If you wait until right before the wedding to work out the prenuptial agreement, you could have problems. Your spouse may be able to say that they were under duress when they signed the agreement. Some people make the mistake of giving the agreement in too little time for the other person to seek counsel or make changes. There must be plenty of time for your future spouse to discuss it and make any changes they see as necessary. If they signed it only because they felt like they had to or call off the wedding, then you have a problem.
3. Making The Agreement Unreasonable
Usually one party drafts up the agreement and the other amends it. In some cases one spouse has more to protect than the other. This could make the agreement very unfair and unreasonable. You need to be careful that, even though are trying to protect your interests, you are making the agreement fair. If you don't, a judge will look at it and say that the agreement isn't valid.
For example, you can protect the wealth and assets you brought to the marriage, but you probably can't protect everything that you made while married. You will have to split some things down the middle, even if one spouse made more money than the other.
By avoiding these things, you can help to ensure that your prenuptial agreement is valid. For more information, contact a firm like Fitzpatrick, Skemp & Associates LLC.
Share29 October 2015
