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Don’t get caught up in these prenuptial agreement mistakes

There may come a point when you realize that a prenuptial agreement is something you need in place before tying the knot.

While this is an important conversation to have with your soon-to-be spouse, it's just the beginning. If you decide to create a prenuptial agreement, you'll want to do whatever it takes to avoid the most common mistakes. These can include:

  • Failure to create a legally binding contract. It doesn't matter how you look at it, it's important to always remember that a prenuptial agreement is a legal contract.
  • Forcing the other person to sign the prenuptial agreement. If a person signs an agreement under duress, it is not likely to hold up in the court of law.
  • The inclusion of provisions regarding child custody. A prenuptial agreement is not the place for language regarding child custody, as this is based on what the court believes is best for the child, not the wishes of the parents.
  • The addition of chore requirements. You can't use a prenuptial agreement to outline who will do what chores after tying the knot.

These are the types of mistakes that many people make when creating a prenuptial agreement. You don't want to go down the same path, as it will only slow the process and add confusion.

If you and your partner are on the same page regarding the creation of a prenuptial agreement, it's time to sit down and work out the finer details. When everything is in order in regards to the many legal details, you can feel better about moving forward.

Source: FindLaw, "7 Common Prenup Mistakes You'll Want to Avoid," accessed Sep. 18, 2017

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Bulloch, Fly, Hornsby & Evans Attorneys At Law
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