One small legal error is all it takes to ruin your best laid plans. As
more and more couples agree to the idea of a prenup, some of them are
committing common errors that will undermine the whole document, potentially
resulting in a great loss of time and property. With the help of an experienced
family law attorney, you can make sure you avoid these common pitfalls:
5) If you include things that do not belong in the prenup, this too can
get it thrown out. Almost any stipulations on
child custody or
child support are unenforceable. A court will view any such agreements as not in the
child's best interests and will ignore this part of the prenup. In
fact, having this unenforceable portion in your agreement can be enough
to get the whole thing invalidated. It should be noted that not all child
custody or support stipulations are unenforceable though. For example,
it is possible through a prenup to keep an inheritance intact for a child
from a previous relationship.
6) Then there is the problem of silly stipulations, such as one spouse
needing to keep their hair color, or the other one having to do the dishes,
or each party needing to stay under a certain weight. These are also unenforceable.
These are unlikely to get the entire prenup invalidated, however.
7) If you fail to make a written agreement, or simply a clearly written
agreement, your prenup could get thrown out of court. Usually speaking,
making an oral agreement is a bad idea. There are only very specific situations
in which such a prenup would hold up in court. You will want to write
up your prenup, and then sign four different copies of it so that both
you and your partner as well as your respective attorneys will each have
the document. Of course, you have to make sure the writing is clear too.
If there is a loophole, or any lack of clarity in a stipulation, this
is a wide opening for someone to challenge the prenup. You have to make
sure you have the right family law attorney on your side who can write
a prenup that will stand in court.
8) Finally, if either of you have promises to keep in the prenup, you will
have to follow through on them if you want the prenup to hold up in court.
Otherwise, a court may deem the prenup to be fraudulent. For example,
when a millionaire wanted to coax his fiancé into signing the prenup,
he told her that he would shred the prenup once they had their first child
together. This never happened, even after the couple had a child, so a
court decided that fraud was used to get the reluctant fiancé to
sign the agreement in the first place.
If you have any further questions about what it takes to create a strong
postnuptial agreement, do not wait to contact the Meyers Law Group, P.C. Our dedicated Long
Island family law attorney may be able to help you craft a nuptial agreement
that is sure to stand up in court if you ever need it to.