More Tips to Make Your Prenuptial Agreement Unassailable

Published on
October 10, 2024
Written by
Angel Murphy, Esq
Category
Divorce

As we have said numerous times here on our blog, prenuptial agreements are instruments which can confer value to nearly every married couple, not just the super-wealthy or those with celebrity stature. Prenuptial agreements are not really about the selfish guarding of assets, but instead are fundamentally driven by a desire to remove the courts from certain aspects of the dissolution process. In other words, prenuptial agreements, like postnuptial agreements, have the potential to predetermine certain outcomes in the event of divorce; without an agreement, these same outcomes might be settled in court. Leaving certain aspects of divorce in this type of “limbo” is something many people prefer not to do, and this is where the value of prenuptial agreements comes into play.

In this post, we will provide a few additional tips to help make your prenuptial agreement unassailable. We’ve touched on this kind of advice in the past, but here are a few more useful bits of information.

Practice Full Transparency / Disclosure

One of the key ingredients of a valid prenuptial agreement is transparency. When you develop a prenuptial agreement, you are obligated to disclose all relevant details pertaining to whatever issues are included. Hence, if you resolve property division issues, you need to be fully transparent with your spouse with respect to these issues. If you fail to make all the necessary disclosures, this will jeopardize the agreement.

Avoid Any Hint of Duress of Coercion

Prenuptial agreements are treated like other contracts, at least in most ways. Like standard contracts, prenuptial agreements require valid “acceptance” of the terms on both sides. And, like other contracts, acceptance may be called into question if one party acted under duress or coercion. You need to steer clear of any sign of duress or coercion, otherwise even a seemingly valid agreement may be overturned.

Don’t Engage in “Conflicting Behavior” in the Marriage

When a prenuptial agreement is signed, and all the elements of the agreement are correctly satisfied, this creates a “facially” or superficially valid agreement. While this is highly significant, it isn’t necessarily the final statement on the way things will develop in the future. As a general rule, you should avoid behavior during the marriage which “conflicts” or speaks against the terms in the agreement. If, for instance, you label a particular piece of real property as separate property in a prenuptial agreement, you should avoid referring to that property as “our house.” The same is true for other types of property. This type of conflicting behavior won’t necessarily alter an agreement, but there is still a possibility of things being altered.

Be Sure the Agreement is Signed by Both Parties

This one is simple, but nonetheless indispensable. To be valid, one of the requirements is that prenuptial agreements must be signed by both parties. Another person cannot sign on anyone’s behalf.

Consult with an Attorney Before and During the Process

As with other aspects of marriage and divorce, consulting with an attorney is always a preferred route. Prenuptial agreements can be complex instruments, as they can often predetermine all sorts of complicated matters. Spouses can resolve multiple key issues with these agreements – property division, alimony (or “maintenance”), child custody, etc.– and so an attorney is very often a necessary component to ensure compliance and enforceability.

Contact the Murphy Law Firm for More Information

If you would like to know more about prenuptial agreements, postnuptial agreements, the enforceability of prenuptial agreements, or another related issue, connect with one of the family law attorneys at the Murphy Law Firm today by calling 240-219-5243.

Angel Murphy

Personable. Passionate. Persistent.

prenuptial agreements | family law | transparency in agreements | duress and coercion | valid contracts | conflicting behavior | attorney consultation | property division | enforceability | Murphy Law Firm

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