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Common mistakes made with prenups

You may think of your prenup as your safety net. It means that you’re not going to lose your money and assets if you and your spouse split up. It protects you and allows you to enter the marriage without any nervousness or concern. However, people make a lot of mistakes with their prenups, some of which can render them useless, and so it’s important to know what these are.

For example, you could sign the paperwork on a date that is too close to your wedding day. A judge may not honor this, as it could indicate that you and your spouse didn’t have enough time to think about it, rushing through the process and perhaps signing something that wouldn’t have been signed under normal circumstances.

Likewise, a prenup signed under duress is never going to hold up. Both sides have to want to use the prenup, and neither one of you can be forced to sign it.

Additionally, you may accidentally put in provisions that aren’t allowed, not knowing exactly how the agreement works. For example, you cannot put in anything that has to do with child support. This is for a judge to decide during the divorce process. Anything relating to child support will be ignored, even if the rest of the prenup holds up.

Finally, you have to get your prenup in writing so that it can be signed and properly filed. An oral agreement is not enough in the vast majority of cases.

If you’d like to learn more about prenuptial agreements in California, or if you have any questions about how they work, please take a look at our site today.