Prior to marriage, it is essential to create a prenuptial agreement. This
is a contract that will guide a divorce should there be a need to file
for one in the future. While prenuptial agreements may not seem very romantic
for a lovestruck engaged couple, they are intensely practical.
When drafting a prenuptial agreement, there are some very important additions
to keep in mind. Both parties that are participating in the prenuptial
agreement should make sure that they have independent and separate attorneys
while creating the agreement. This will ensure that signing is done involuntarily.
Also, it is important for both parties to take care that they are fully
conscious and prepared to sign the agreement when they put pen to paper.
If one party is intoxicated or under the influence of drugs at the time
that he or she signs the prenuptial agreement, the entire contract may
be considered void.
Parties must also be cautious not to sign the prenuptial agreement too
soon before the wedding. Couples frequently postpone the signing of their
prenuptial agreement until the very last minute, and then one spouse may
argue that he or she felt pressured to sign the agreement since invitations
had already been sent out and the wedding was so close. By signing the
agreement one to three months out from the wedding day, these arguments
can be avoided.
Also, when executing a will, it is important for both parties to fully
disclose all assets. If things are kept hidden, it can cause serious issues
when it comes to property division should the need arise in the future.
Individuals drafting a prenuptial agreement should also keep in mind that
they cannot create child support provisions prior to the marriage. This
is because the court will want to deride all of these situations with
regards to the children, so any allowances made in a prenuptial will not
If you are interested in creating prenuptial agreement then hire a Los
Angeles family lawyer at Claery & Green to help you work through your
case today. With the right lawyer there to assist you, you can trust that
you will get the best advice and create a sound document that will be
honored in the courts.