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Many people draft a prenuptial agreement so that in the event that they must get a divorce, their best interests and personal property are protected. However, too often people enter into divorce only to learn that their prenuptial agreement is not enforceable. This is shocking, as the assets that people thought were going to be left out of the divorce process are now subject to property division rules. For this reason, it is advisable that everyone understands what will deem a prenuptial agreement unenforceable, so that should the time come, they can enjoy the protection that they thought they had in place.
When drafting a prenuptial agreement, each partner in the relationship must fully disclose their assets, income, and debts. This is very beneficial because it can help prevent arguments in the marriage regarding property and money, which is one of the leading causes for marriages to break down and for individuals to get a divorce. However, it is also extremely important that each spouse is honest about these terms when drafting a prenuptial agreement because if they are not, the agreement could be deemed unenforceable.
A prenuptial agreement is a contract and as such, each partner entering into it must agree to the contract and sign it willingly. When this is not the case, the contract is considered invalid. No partner should be under the influence of alcohol or drugs when they sign the prenuptial agreement, nor can they be forced or coerced into the agreement. Each partner should read the entire prenuptial agreement and fully understand the terms outlined within it before they sign. Proving that one of the parties did not consent to the prenuptial agreement is extremely difficult, so individuals that want to make this argument should speak to a lawyer that can help.
In order to be enforceable, a prenuptial agreement must be fair. These agreements can include terms about property division, spousal maintenance, and other financial terms. However, there are some things that cannot be included in a prenuptial agreement. For example, these contracts cannot include terms regarding child custody or child support. A premarital agreement also cannot contain terms that are unconscionable, or incredibly unfair. For example, a prenuptial agreement cannot include terms about intimate relations, household chores, or other matters that do not involve finances.
A prenuptial agreement can be a great form of protection when you want to protect your assets, but you must ensure it is enforceable to enjoy that protection. At the Law Office of Martoccio & Martoccio, our skilled Hinsdale family lawyers can help you draft a prenuptial agreement that is enforceable and that will protect your best interests. When you need to ensure you are protected, call us at 630-920-8855 or contact us online to schedule your free consultation and to learn more about how we can help with your case.