How to Create a Bulletproof Prenup
If you are considering getting married or if you are recently engaged, you may be wondering if you should establish a prenuptial agreement in order to protect your financial assets from any future harm. The truth is that a prenuptial agreement is not a romantic endeavor, but it is extremely useful. It is important to act quickly following an engagement to craft a legally binding agreement to ensure that any division of future marital property will go according to your wishes. While the idea may seem completely unromantic to some, and no one likes to consider divorce before marriage has even started, many people voluntarily enter into prenuptial agreements to ensure their legal rights remain protected if a divorce ever occurs. The following are some ways to bulletproof your prenuptial agreement in the state of North Carolina, so that you can move on to the fun part of wedding planning.You Should Act Quickly
The best time to enter into a prenuptial agreement is before the engagement actually occurs. However, most people do not want to discuss a prenuptial agreement prior to becoming officially engaged. Therefore, if you do make the decision that you want to enter into a prenuptial agreement, you should do so immediately after becoming engaged. While you may want to start planning your wedding, calling caterers, and booking wedding photographers, you should work out your prenuptial agreement first. While you do not need to do it the day of the engagement, the sooner you make decisions regarding how you will split your marital assets later on, the more likely it is that the court will uphold your prenuptial agreement.
If you wait until the last minute to sign your prenup,it could appear to a judge that the agreement was entered into under some sort of coercion or duress. If you have already bought a wedding dress, purchased plane tickets for their family and friends to attend the wedding, and spent an exorbitant amount of money on other wedding plans, you might feel pressured to sign the agreement or risk losing it all. Therefore, if you are considering signing a prenuptial agreement, you should do so as soon as possible after your engagement.Be Honest With Your Fiance
You should behave honestly with respect to your prenuptial agreements, as well as every other aspect of your engagement and marriage. The best way to start a marriage off on the right foot is through honesty and openness. Make sure to be honest with your fiance regarding your interest in signing a prenuptial agreement so that they do not feel blindsided by the request. Additionally, you must be honest with your soon-to-be spouse regarding any of your current finances, current assets, and any possibility of future inheritances you may receive. If you attempt to hide any of your assets, or you fail to disclose the possibility of future inheritances, it may make your prenuptial agreement invalid.
Every marriage is based on both give and take, and a prenuptial agreement is no different. A prenuptial agreement should reflect the fact that two people are entering into a union and both should feel respected and honored. If you make the attempt to include any absurd or controlling clauses in your prenuptial agreement, it is possible that it will be considered invalid at a later time. Clauses that are considered unreasonable by courts generally include non-financial requirements, such as that a spouse must maintain a certain weight throughout the marriage. Additionally, prenuptial agreements are not legally allowed to include any legally binding decisions regarding future child support, child custody, or illegal acts.Contact an Experienced Attorney
If you want a legally bulletproof prenuptial agreement, you should consider visiting with an experienced attorney familiar with prenuptial agreements. Take the necessary steps to ensure that your prenuptial agreement is both legally valid and legally enforceable. If you are considering protecting your assets and legal rights through a prenuptial agreement, learn how an experienced family law attorney at Arnold & Smith, PLLC in Charlotte, North Carolina at 704.370.2828 can help. Contact us by phone or online today for your free consultation.