Looking for Weaknesses in Your Prenuptial Agreement
Couples who enter into prenuptial agreements before getting married often have an easier time when it comes to navigating divorce. This is only true, however, when a prenuptial agreement is executed properly and in accordance with state law, making it especially important for couples who are considering divorce and who already have a prenuptial contract in place, to speak with an experienced Fort Lauderdale prenuptial and postnuptial agreement attorney who can review and evaluate the contract ahead of time.
Examining Your Prenuptial Agreement
A strong prenuptial agreement can help couples avoid the conflicts that often prolong the dissolution process, while also saving the parties time and resources as they move on with their lives. However, this is only true when a prenuptial agreement is error free, doesn’t have any legal weaknesses, and will stand up to scrutiny by a court. If, on the other hand, an agreement was drafted and executed properly, it could provide a strong foundation for building a divorce strategy.
Avoiding Technical Errors
Some of the most common mistakes made by couples when drafting their prenuptial agreement involve technical errors. For instance, for a prenuptial agreement to be considered valid, the parties must both be involved in the process of creating the document and must also provide complete and accurate information about their finances. Even small errors can weaken an agreement, such as failing to sign the agreement in the presence of proper witnesses.
Just because an agreement is technically sound does not mean that it is always legally enforceable, as courts will also throw out an agreement if there is evidence of fraud, which includes proof that:
- One spouse was not given enough time to review the document;
- One spouse was not represented by independent legal counsel;
- One of the parties signed the agreement under duress;
- One spouse was left with a grossly disproportionate share of marital assets, or that the agreement is otherwise unconscionable;
- One of the parties attempted to eliminate child support obligations; or
- The parties postponed the signing of the agreement until only a few days before the wedding.
Taking great care to ensure that a prenuptial agreement is fair to both parties and that both individuals are given enough time to review the contract can help eliminate any concerns of fraud, coercion, or duress, all of which can result in a prenuptial agreement being thrown out during divorce.
Call Our Fort Lauderdale Office Today
A divorce doesn’t have to be a long, drawn out, and emotionally draining battle, especially for those who have strong prenuptial agreements, as these contracts can go a long way towards streamlining the divorce process. If you and your spouse entered into a prenuptial agreement and are now considering divorce, or are planning on getting married and have questions about drafting a prenuptial agreement, feel free to call experienced prenuptial and postnuptial agreement lawyer Sandra Bonfiglio, P.A. at 954-945-7591. You can also schedule a free case review with a member of our legal team by completing one of our brief online contact forms.