Some Common Prenuptial Agreement Mistakes To Avoid
A prenuptial agreement is a contract that couples get into before they get married, which states what will happen if their marriage ends. Over the years, prenuptial agreements have gained popularity, especially among millennials. According to a 2018 CNBC article, among the main reasons millennials sign more prenuptial agreements could be because they are getting married later, which means they have more assets to protect. However, a prenuptial agreement can be a wise choice for anyone, regardless of whether or not you have a lot of assets. When a prenup is drafted fairly and correctly, it can be an excellent tool for protecting your assets before entering into a marriage.
If you plan to sign a prenup, you’ll want to avoid common mistakes couples make. The following are some of the mistakes you should avoid when creating a Florida prenuptial agreement:
Using Ambiguous Language
Ambiguous language is unclear or confusing and can be understood in more than one way. When drafting a prenup, you don’t want to use language that is vague, confusing, or can be understood in more than one way. You want to ensure you use clear and concise language in your prenup, which leaves no room for misinterpretation. The court will not enforce your prenuptial agreement if you use ambiguous language.
Including Topics That a Prenuptial Agreement Cannot Legally Address
A Florida prenuptial agreement can address many issues, such as obligations of spousal support and property and debt division. In a Florida prenuptial agreement, you can even address pet-related matters, such as who will take ownership of a pet in the event of a divorce. Also, there are many things a Florida prenup cannot cover. For example, a Florida prenuptial agreement cannot legally address timesharing and child support. Including such issues in your prenup could result in the agreement being invalidated. Only the courts have the final say on such matters.
Coercing a Signature
Another mistake you should avoid when drafting a Florida prenuptial agreement is coercing your partner to sign the agreement. Coercion basically entails using threats or force to persuade someone to do something. If you use coercive methods to get your partner to sign a prenup, the agreement will be rendered unenforceable.
Using the Same Lawyer
Your partner might tell you to seek guidance or clarification from their attorney. That is a red flag. It’s best to seek advice and clarification from your own lawyer. Your partner’s attorney will have their client’s best interests in mind, not yours. On the other hand, your attorney will have your best interests in mind and will tell you whether or not the prenuptial agreement is fair.
Failing To Disclose All Your Assets and Debts
Lastly, you should avoid hiding assets and debts. Get all your financial information in order to avoid leaving anything out. You could face harsh consequences if you do not disclose all your assets and debts. It is against the law to hide such information.
Contact Us for Legal Help
If you are considering drafting a Florida prenuptial agreement and need help from a qualified attorney, contact a Fort Lauderdale prenuptial agreement attorney at Joyce A. Julian, P.A., today.