4 Common Mistakes that May Invalidate a Prenuptial Agreement

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People have concerns and anxieties before entering the nuptial alliance. What if the relationship doesn’t last? Is it important to safeguard your interests if the marriage fails? How essential is it to prepare in advance for ‘who gets what’ in case the separation becomes inevitable? As the practicing family law solicitors in St Albans, we recommend addressing these concerns before the big day arrives.

A prenuptial agreement outlining the respective ownerships of assets for each partner can significantly simplify the divorce complexities. However, it should be drafted taking care of the following mistakes that may annul the agreement.

Incomplete Disclosures

Any undisclosed property, debt, income, savings or other financial assets surfacing at the time of divorce may risk the agreement’s validity. So, the first important thing is to be honest in disclosing what you have.

Unfair Provisions

The court reviews that the provisions outlined in the agreement and their outcomes are fair to both the parties. Be sure that the provisions are not lopsided and you and your partner sign the agreement only after completely understanding and acknowledging them.

Signed Just Days Before

The date you both sign the agreement may matter a lot. If signed just a couple of days before the marriage day, the agreement may appear as forced. Start planning it at least 2-3 months in advance and sign at least 21-28 days before the auspicious day.

No Individual Legal Counsel

Each partner must have individual legal representation to make the agreement not just meaningful, but also fair in the court’s eyes. It also matters to use the correct legal terms and file the paperwork as per the prescribed standards.

Our expert family solicitors in St Albans also recommend reviewing and update the agreement regularly to keep it valid. We wish that your alliance becomes a success, but maintaining a prenup agreement in place is indeed a necessity for the unforeseen future.

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