Prenuptial agreements and making sure they are valid

Sharman L. Brooks

In California, people who are getting married will likely be excited about the pending nuptials and enthusiastic about the future. Still, that does not mean that they should ignore the basics in being protected in case the marriage does not work out. A prenuptial agreement can be beneficial, but it is important to make sure it cannot be successfully challenged.

Strategies to remember when crafting a prenuptial agreement

People who have significant assets, own a business or are simply seeking fundamental protection might want a prenuptial agreement. There are important points to remember to ensure the document is valid if the marriage breaks down. It can be complicated to tell a prospective spouse that a prenuptial agreement is desired, but addressing it early can smooth the process. Because so many marriages end in divorce, this is like an insurance policy. Having the agreement well in advance of the wedding gives both parties time to adhere to the law and make certain that there are no mistakes.

Failing to be upfront about property and assets when getting married can also cause problems. If it is a minor and meaningless mistake, it should not be a major obstacle. If, however, there are overt miscalculations, it could result in the entire document being called into question when it is analyzed during the divorce proceeding. The prenuptial agreement should detail how much money a person has, if they own real estate, their business value, what collectibles they have and the worth of sentimental items. It is also wise to note that a prenuptial agreement cannot address child-related issues like custody and support.

Having professional advice can ensure a prenuptial agreement is valid

When getting married, many people will decide that a prenuptial agreement must be signed beforehand. A person losing what he or she worked hard for because of missteps with a prenuptial agreement is worrisome. A valid prenuptial agreement can be essential. Once the parties agree to have this type of document, having professional assistance when crafting the agreement can avoid significant difficulties in case there is a divorce.

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