Legal Professionals of Hirsch & Ehlenberger

Avoid these mistakes when creating a prenup

On Behalf of | Jun 10, 2024 | Prenups and Postnups

A couple deciding to sign a prenuptial agreement often receives mixed reactions from those around them. This is often due to misconceptions surrounding prenups, such as that they are a sign of distrust between two people on the cusp of married life. However, in reality, a well-crafted prenup can be a thoughtful and practical step for many. After all, it is all about planning for the future and ensuring that both partners remain protected no matter what happens during the marriage. 

Drafting a prenup presents many challenges. Like any other legal document, it can also involve mistakes that you should avoid to ensure your prenup is fair, valid and beneficial for you and your partner.  

Not being transparent about finances

When creating a prenup, both parties need to fully disclose their assets, debts and financial obligations. Any failure to do this can lead to disputes and even render the agreement invalid. Make sure to list everything from savings to properties, investments and any outstanding debts. Transparency helps build trust and ensures both parties have a clear picture of each other’s financial circumstances. 

Focusing only on the wealthier spouse

An effective prenuptial agreement protects both parties, not just the spouse with greater assets. The agreement should be fair and consider the contributions and future needs of both individuals in the relationship. This approach will foster a sense of mutual respect and equity, which is crucial for a healthy relationship.

Not seeking legal advice

Creating a robust prenuptial agreement can be a complex process. It might be wise for both parties to seek independent legal advice when drafting it to represent each person’s interests adequately. Skipping this step can lead to claims of coercion or unfairness, which could invalidate the prenup.

Prenuptial agreements typically get a bad rep. However, when drafted properly, a prenup can build trust and understanding between you and your partner, ultimately strengthening the foundations of your marriage.


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