When couples in Ohio and states across the nation decide to marry, they can take steps to protect them both emotionally and financially. The couple can execute legal documents prior to the union, which can protect the couple in the case of a divorce down the road. A prenuptial agreement may be drafted prior to marriage and can include details that could ease the divorce process. While this document could prove to be very useful when properly drafted, if errors are made, this could impact the enforceability of the document.
In order to fully understand how to ensure a prenuptial agreement is enforceable, couples should understand what commonly makes such agreements invalid. First of all, these types of agreements must be in writing. Failure to memorialize the agreement in writing will cause these agreements to be invalidated. Next, the agreement must be properly executed. The document must be signed by both parties prior to the marriage.
If one party was pressured or didn’t read the document before signing it, this fact could invalidate the document, as well. The timing of the execution of the agreement also could render it invalid. If the groom has the bride-to-be sign the document just moments before saying “I do,” she does not have adequate time to fully consider the stipulations in the document.
Furthermore, if the agreement contains invalid provisions, false information or incomplete information, the agreement is likely be deemed unenforceable, especially if there are illegal clauses. In addition, because separate interests are at stake, independent counsel is sometimes required. Lastly, if the agreement is unconscionable, the document will be found invalid.
Avoiding these common mistakes can help ensure that a prenuptial agreement is legally drafted and enforceable upon divorce. An enforceable document can help the couple avoid disputes surrounding common divorce issues, such as property division. Entering into a valid prenup can ease the divorce process and protect the rights of each spouse.
Those dealing with issues surrounding the drafting or enforcing of a prenuptial agreement should seek advice about their situation. This could help them navigate their divorce and avoid further disputes. Moreover, it can help protect their rights and interests in the situation.