Before you get married, you want to have a prenuptial agreement in place to make sure that your financial situation remains intact if you and your betrothed end up divorcing. You know the importance of having the agreement, but simply having it isn’t enough. You have to make sure that it is legally valid so that it can’t be declared invalid if the time comes for you to use it.
One very important point that you must know about a prenuptial agreement is that it can’t be presented at the last minute. You must give your significant other time to review it, have an attorney review it, and decide if it is something that is agreeable to him or her.
When you present the prenuptial agreement, your significant other should review it with an attorney. Each of you must have your own attorney to avoid conflicts of interest.
All of the terms in the prenuptial agreement must be based on fact. You can’t omit information or add untrue information to make the agreement seem like a better deal for your significant other. The agreement must be true and contain all important information that could impact the agreement.
You must ensure that everything in the agreement is legal. There are some points, such as child support, that can’t be included. Since only one clause can invalidate the entire agreement, you should be sure that everything included is allowed by Florida law.
The prenuptial agreement must be in writing and can’t be signed under duress. It must be presented in a legally acceptable method. Be sure that you understand exactly how to handle these aspects and others so that you can rest assured with the protection of a prenuptial agreement.
Source: FindLaw, “Top 10 Reasons a Premarital Agreement May be Invalid,” accessed Dec. 15, 2016