Before you get married, you should discuss the possibility of a prenuptial agreement with your betrothed. While some people don’t want to do this because they assume it’s a bad thing, a solid agreement can help set your marriage off on the right foot by providing you and your future spouse with protections in case anything happens. Having this discussion before the big day can take a lot of stress off both parties.
Coming up with mutually beneficial terms for a prenup takes time. States have laws that will invalidate any premarital agreement that’s made under duress. Both parties must have time to review the document, evaluate it and have their attorney check it out. This means that you can’t just spring the agreement on them right before you head down the aisle.
The prenuptial agreement you sign must meet all legal requirements. This includes ensuring that it doesn’t have any terms that aren’t allowed. For example, you can’t include plans for child support or custody because those decisions must be made based on what the child needs at the time. You can’t determine this ahead of time.
You also can’t include any terms that have to do with illegal activities or with chore or intimacy requirements. The courts typically won’t uphold those types of clauses if they are presented.
The terms must be equitable. Agreements that are one-sided won’t be honored by the court. It’s best to have the prenup reviewed to ensure that it is written and executed properly. This should give you peace of mind since you can be confident that the court will uphold the terms if the marriage ends.