Common Pitfalls of a Prenuptial Agreement
Sept. 20, 2023
Marriage is a joyous event that brings excitement and eagerness to embark on a journey together in love, but that doesn’t mean you should enter into it without making informed decisions regarding potential obstacles in the future. A prenuptial agreement is a useful tool to provide safeguards in the event a marriage comes to an unexpected end. Like any legal document or agreement, however, there are potential pitfalls in prenuptial agreements.
If you are getting married and are interested in creating a prenuptial agreement, it’s important to be aware of potential problems that can arise and how to avoid them. By working with a knowledgeable family law attorney, you can avoid potentially costly mistakes and put yourself—and your soon-to-be spouse—in a strong position to move forward. Reach out to our team at the Law Office of Ivy L. Graham today to schedule a consultation. We proudly serve clients in Denham Springs, Louisiana, as well as the surrounding areas of Livingston, Colyell, Holden, and Albany.
Why Do Couples Sign Prenuptial Agreements?
Though many people mistakenly believe prenuptial agreements are made with the expectation of a divorce, there are actually several benefits to creating a prenuptial agreement. Some of the reasons a couple may choose to sign a prenuptial agreement include:
clearly define what assets are considered “marital property”
protection from debt incurred by the other spouse
guarding family heirlooms and other valuable individual assets
saving time and money in the event a divorce does occur
A divorce can be a long, costly ordeal. By creating a prenuptial agreement, a couple can ensure many important points are already clearly defined and agreed upon, allowing them to avoid even more drawn-out, acrimonious conflict later.
Potential Pitfalls of Prenuptial Agreements
Despite the benefits offered by prenuptial agreements, there are some issues to watch out for during the process:
failing to make the agreement legally enforceable
using unclear language in the document that results in later confusion and conflict
pressuring or coercing one member of the marriage to sign the agreement
failing to disclose all assets and debt
not working with an experienced attorney to draft the agreement
Other issues may arise, but the list above provides some of the more common problems that present themselves in prenuptial agreements. If your prenuptial agreement is not handled properly with the help of a trained legal professional, the potential for problems only increases.
How to Avoid Common Mistakes
Going into the process with realistic expectations and a full understanding of what it means for your relationship is important. Making sure you and your future spouse are on the same page will help during negotiations and make finalizing your agreement an easier process. Maintaining clear communication, being honest, and having common goals are all beneficial when trying to avoid having things turn in the wrong direction with your prenuptial agreement.
Above all else, making sure you work with a skilled family law attorney with extensive experience in prenuptial agreements will keep the process moving forward and help you steer clear of potential obstacles.
Secure Your Future With an Experienced Attorney
Though you may be overjoyed to be entering into a marriage with someone you deeply love, doing so without giving serious thought to the future and all potential outcomes is not in your best interest. Through the creation of a prenuptial agreement, you can move forward with confidence that you and the assets you have worked for will be in a secure position, no matter what the future may hold.
At the Law Office of Ivy L. Graham, we are proud to lead individuals and families through complicated situations and help them make well-informed decisions regarding significant life changes. If you are looking to create a prenuptial agreement in the Denham Springs, Louisiana area, or the surrounding communities of Albany, Holden, Colyell, or Livingston, contact us to schedule a consultation to learn more about your options.