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Common Prenuptial Pitfalls to Avoid

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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 be honored.

If you are interested in creating prenuptial agreement then hire a Los Angeles family lawyer at Claery & Hammond 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.


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