Signing a prenup can be a stressful process, but running into complications once you tie the knot can affect your emotions and finances even more. Your prenup could be invalid if you make some simple mistakes. What if your prenup does not protect your assets the way you want? Even celebrities make common errors that lead to trouble.
If you want to ensure your agreement is fully enforceable, you will want to craft it carefully and avoid mistakes before signing it. Here are some pitfalls to avoid to ensure your prenup is valid.
1. Signing it under duress
If one spouse pressures the other into signing the prenup, it will likely be invalid. This also can happen if one spouse was drunk or on drugs while signing the document. Avoid any coercive methods and make sure your spouse is not doing any of this to you as well.
2. Including child support provisions
Contrary to popular belief, prenups cannot have any guidelines relating to your children. While you might want to plan out what will happen with child support or custody, you cannot include this in your prenup. Courts will disregard these provisions, and they may invalidate the entire agreement.
3. Not having legal representation
You might think that doing the prenup yourself will make it less formal or rigid, but legal representation is key. Your attorney will ensure you fully understand all provisions of the agreement and that each spouse signs it voluntarily. Without legal representation, you run the risk of invalidating your prenup in the long run.
As you get closer to tying the knot, you might be feeling anxious about all of these details. If you avoid these common mistakes, you will be in good shape. For more helpful information on avoiding common prenup mistakes, watch this video from the Wall Street Journal.