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6 Steps to Avoid Problems With Your Prenuptial Agreement

Admin • Jun 28, 2021
Couple reading document — Springfield, TN — The Law Office of Joe R. “Jay” Johnson, II

If you've recently become engaged, you need to think beyond the wedding plans. Before the wedding takes place, take time to think about the prenuptial agreement. If your fiancé has requested a prenuptial agreement, don't take the document lightly. You need to put thought into the decision. After all, the prenuptial agreement will be the basis of a divorce settlement should your marriage not work out.

Follow these six steps to avoid problems with your prenuptial agreement.


1. Know What You're About to Sign


If your fiancé has drawn up a prenuptial agreement, know what you're about to sign. The prenuptial agreement may contain items that will not benefit you in the long run.

Knowing what's in the agreement is particularly important where retirement accounts are concerned. If you sign away your right to future retirement accounts, you could end up losing quite a bit of money, especially if your marriage is considered long-term at the time of divorce. Most states determine the longevity of a marriage based on the following criteria:

  • Short-term: 0-7 years
  • Middle-duration: 7-17 years
  • Long-term: 17+ years

If your marriage is considered long-term, you may be entitled to a portion of your spouse's retirement accounts. However, if you've signed those rights away in your prenuptial agreement, you'll likely receive none of the proceeds from those retirement accounts.


2. Be Honest About Everything


When you sit down with your fiancé to discuss the prenuptial agreement, be honest about everything. Any misrepresentations on your part could come back to hurt you later. This is particularly true where your personal assets are concerned. If you attempt to hide assets on your prenuptial agreement, your spouse could choose to have the agreement set aside due to fraud. To avoid that risk, list all your assets in the agreement.


3. Avoid Signing Under Duress


If you have questions about the prenuptial agreement, don't let your fiancé coerce you into signing, or force you into signing under duress. Before you sign anything - especially a prenuptial agreement - you need to be sure that your rights are protected. If you feel that you've been forced to sign a prenuptial agreement against your will, walk away and seek legal advice.


4. Beware of the Requests That Aren't Allowed


If you've been asked to sign a prenuptial agreement, beware of items that aren't allowed. For instance, your fiancé can't require you to maintain a certain weight or to keep your hair a certain color. They also can't require you to sign over family heirlooms or portions of future inheritance. If you don't feel comfortable about certain requests in your prenup, don't sign until you can consult with an attorney.


5. Give Yourself Time to Consider the Agreement


Before you sign a prenuptial agreement, give yourself time to consider everything that's included in the document. Read the entire document and then put it down for a few days. Once you've had some time to think about it, read the document again.


6. Don't Sign Without Legal Advice


If your fiancé has asked you to sign a prenuptial agreement, sit down with a family law attorney, especially if your fiancé has already secured legal representation. An attorney will help validate the assets that your fiancé has listed. They can also determine the best way to protect any assets that you might have.

When you hire an attorney to handle your prenuptial agreement, choose one that hasn't been signed to also represent your fiancé. You need an attorney who has your best interests at heart.

Don't make mistakes with your future. If your fiancé has requested a prenuptial agreement, the information provided here will help you avoid problems. For questions or concerns regarding your legal rights, contact the professionals at The Law Office of Joe R. "Jay" Johnson II.

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