If you are getting married, having a prenuptial agreement drawn up by an experienced family attorney is a great idea. It is great because it will establish how the finances and the assets should be distributed if ever the marriage ends in divorce. It is important to remember your rights if the prenuptial agreement is ever violated. Sometimes one spouse will violate the prenuptial agreement without even realizing it, so it is up to you to make sure that it is enforced if you ever notice that a violation has occurred and to take the appropriate action.
Many times spouses will have agreements, but they won’t have them in writing. This does not matter because a prenuptial agreement needs to be in writing in order for it to be enforceable. If the spouses do not properly complete the prenuptial agreement, if important information is left out, or if they didn’t both sign it before the marriage took place, then it is not valid. A violation of a prenuptial agreement could also be a spouse trying to hide assets from you that have already been negotiated into the agreement. There also must be time for consideration before the agreement is made; it cannot just be handed to the opposite spouse and told to sign. A prenuptial agreement can also protect a spouse’s assets in the event of death and if the other spouse tries to claim it as theirs, then there can be a lot of litigation that can take place by the late spouse’s family. Also, you should never face unfair financial hardships and if that is what you agree to in the pre-nup, then the court may not enforce it because it would be considered an unconscionable contract.
If you believe a prenuptial agreement is right for you and your spouse, or you feel you should protect your finances and assets if need be, then consulting an exceptional family attorney is the best option. They will make sure that the pre-nup is fair and will be enforceable.
