Getting a prenuptial agreement is a very intelligent decision, but there are some prenup mistakes that you can make as well. A lot of people in Edmonton consider it before getting hitched. It allows you to avoid becoming responsible for various things such as your spouse’s debts. It also makes sense for you if your future partner already has kids from their previous marriage. If you have received an inheritance, this contract will hold more importance for you. However, you need to stay a little more cautious and diligent when drafting this agreement. Following are a few prenup mistakes when formulating a prenuptial agreement that can land you in trouble. So, it’s better to avoid them. Let’s see what they are:
Was That A Fraudulent Agreement?
When you are creating a prenuptial agreement, you along with your spouse will be required to disclose all your assets. Make sure you do so and that you don’t make that prenup mistakes. In the case of a divorce, it is very common that one of them might try to undervalue their assets or fail to disclose them altogether. Unfortunately, prenup agreements are very prone to such incidents. If your spouse is able to prove that you have not disclosed all your assets, the entire agreement can be declared null and void.
Coercion And Duress
Any agreement that has been signed under coercion or duress or any kind of psychological stress, is null and void, to begin with. Different states are going to have different means to determine whether you were coerced into that agreement or not. For example, if you were unwell or under the influence of any drugs or medication, the agreement will be invalid.
Missing Or Improper Paperwork
This applies to any legal contract and also to your prenuptial agreement. If the prenup is not backed by proper paperwork, your Edmonton divorce lawyer is going to announce it as improper or null and void. In such a situation, its enforceability will be in question. If the agreement is drafted poorly, it will be regarded as invalid in that case as well.
No Proper Legal Representation
If you sign this agreement without any proper legal representation, it can be declared null and void. This could be one of the biggest mistakes you will make with your prenup agreement. Signing on any kind of agreement without proper legal representation is never a good idea. If this is how you signed your agreement, the chances of it getting declared invalid increase significantly.
There could be a few peculiarities of your contract that may be ridiculous. They could raise a few eyebrows and in certain cases could also render the entire agreement null and ineffective. There have been instances in the past where certain provisions in a prenuptial agreement such as hair colour, weight gain, or frequency of sexual relations do not hold up in court. If any such provisions have been provided in your prenup agreement, you have already made a big mistake drafting this contract.
A prenuptial agreement may not be the right approach for everyone but it is like a safety net that protects you from a lot of uncertainties. If you are going to sign a prenup avoid these prenup mistakes. Consult with your family law attorney or mediator in Edmonton before you sign on any dotted line.