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Common Prenup Mistakes to Avoid

 Posted on May 09, 2018 in Divorce

prenupMore and more couples are protecting their financial futures by signing a prenup before they get married. However, many of them are making certain mistakes that could hurt them rather than help them in the event their marriage does not work out. Here are some of the most common prenup mistakes to avoid.

No Independent Legal Representation

It is important for both parties to hire separate attorneys. This way, each attorney can help each party thoroughly understand the prenuptial agreement. It can be difficult for both parties to feel comfortable with the prenup parameters if they have the same attorney.

Allowing Emotions to Get in the Way

Sometimes, couples let their emotions get in the way and are unable to communicate and clearly think about what is right for their future. Couples should understand that a marriage is a financial partnership in addition to a romantic partnership. It is vital they view their marriage as a business transaction and try to put their emotions aside.

Continuing to Think About the Prenup

After couples have carefully designed a prenup and discussed it, they should sign it and move on with their lives. Rather than continuing to think about the prenup, they should focus on their engagement and marriage and hope they never have to think about their prenup again.

Not Wanting to Talk About It

It is true. Talking about a prenup is not as fun as talking about a wedding or honeymoon. However, by not talking about it, someone can be hurt in the future. It is imperative that couples communicate about what to include in their prenup and work together to design one that will protect them both if things work out. Failing to do so can lead to financial hardship in the future.

Failing to Disclose All Assets and Debts

The court may consider a prenup invalid if one party does not completely disclose all of their assets and debts. Therefore, it is vital that each party is forthcoming about all of their financial information in the agreement.

Waiting Until the Last Minute

Often times, couples wait until a few weeks or days before their wedding to sign their prenup. This is risky because one party can argue that they were forced into signing the agreement if a divorce does arise. If possible, prenups should be signed three to six months before the wedding.

Contact Our Plainfield Divorce Lawyers

To ensure your prenup is constructed properly and you do not make any of these common mistakes, reach out to our experienced Plainfield divorce lawyers at 815-666-1285 for a consultation.


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