Prenuptial agreements are one of the best ways to protect your future. They can help you mark some property off as non-marital property, allowing you to retain it after a divorce or the death of a spouse. It also allows you to make decisions about how marital property will be divided and how spousal support will be paid in the event the marriage ends and for a solution there always prenup lawyers.
While many people assume prenups are only for high net worth individuals, the truth is almost anyone can benefit from them. They’re almost a necessity for anyone entering a second marriage, especially if they already have children. They can be helpful for anyone entering a marriage with someone who has a lot of debt, or for creatives who might be making art or developing software.
The lawyers at the family lawyer of Saskatoon have negotiated hundreds of prenups, and we can help you develop one that will hold up in court, saving you thousands of dollars and protecting your future.
What makes a Prenup Invalid?
You may have heard stories of prenups getting thrown out of court, and sometimes these stories are true. There are five specific instances in which a judge might refuse to honor a prenuptial agreement.
The first is if either party committed fraud by failing to disclose all financial assets. Prenups are only valid if both parties had enough information to make intelligent decisions about whether signing was in their best interests.
The second is if there is an appearance of coercion or pressure. Any prenup that’s signed under duress is invalid. This includes dropping a prenup in someone’s lap as wedding guests arrive. Prenups should be signed well in advance of the wedding to help demonstrate that both parties were free and clear of pressure when they chose to sign.
The third is if the prenuptial agreement is unfair. Neither side should be left destitute after a marriage. Both sides should be as well cared for as the family finances allow.
The fourth is if there are clauses in the prenup that shouldn’t be there. This includes unenforceable clauses, like demands that spouses maintain a certain weight, and clauses that don’t belong in a prenup, such as a child support and custody arrangements. Child support and custody can only be determined during a divorce and if you need a child support lawyer you may contact them.
Finally, both people involved with the prenuptial must have their own lawyer who will look out for their best interests. If one side did without a lawyer or if both sides tried to share a lawyer then the courts will say that one or both parties did not have adequate representation to enter into the agreement freely.
Is a Prenup Void after 10 Years?
No. The prenup holds until divorce or the death of a spouse, but that doesn’t mean amendments shouldn’t be made to prenups as assets and fortunes change. If you get into court with a prenup that no longer applies to your specific financial circumstances then it doesn’t do a lot of good. You’ll be back at square one, trying to negotiate over the existing situation.
It’s a good idea to look over your prenup every five to ten years, just to make sure nothing needs altering or updating.
Get Help Today
Don’t say “I do” before making sure your future interests are protected. Call (306) 653-7757 to get help from one of our experienced prenup lawyers.
