If you’re thinking about walking down the aisle in Virginia, you may be considering a prenuptial agreement can protect assets that you’ve acquired before marriage. In many instances, a prenup can reduce conflict later on if your marriage comes to an end.
There’s no doubt that a prenup has many benefits. However, you have to complete the agreement properly in order for it to be valid. Following are a few reasons why a prenup may be considered invalid.
Verbal agreements don’t count
For a prenup to be valid, it must be in writing. If your soon-to-be-spouse verbally states that he or she will never come after your money if you decide to divorce, a court won’t honor that verbal agreement.
Not enough time for consideration
To create a valid prenup, both parties need to have enough time to think about the details of the agreement before signing it. If one spouse felt pressured into signing it, the court may not enforce it.
Inadequate or false information
In any prenup agreement, both parties have to provide a complete picture of their assets and liabilities, including:
- Separate and marital properties
- Debt liabilities
- Estate plans
- Family properties
If either party fails to fully disclose what assets and liabilities they’re bringing into the marriage, the court may challenge the agreement.
Failure to obtain legal counsel
When a couple decides to sign a prenuptial agreement, both of their separate interests are at stake. To successfully create an agreement, legal counsel is advised to make sure that both of your interests are taken into account.
Deciding to draft a prenup before you get married could spare you a lot of time and stress if your marriage fails to work out. To make sure you create the document successfully, consider having it reviewed by an experienced attorney.