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Factors Determining The Validity Of A Prenup

Couples make several agreements and plan on their marriage but tend to forget one of the essential agreements dealing with finance during the process. For instance, the couple who is about to get married should be in a clear state about the finances that they will be splitting and the properties that their children will be inheriting from them if they file for a divorce in the future.

Usually, wealthy couples do such things, but it has become normal for the common folk to participate in financial agreements during the marriage. Most importantly, couples sign on a prenup, prenuptial agreement to secure their property post marriage. A divorce attorney in monroe nc will be able to guide how you can validate a prenuptial agreement.

Here are the vital factors determining the validity of a prenup:

  • No modifications were made

A prenuptial agreement, once signed, should not be modified, changed, or even added extra points because it can quickly invalidate the agreement, and the court will not consider such prenuptial agreements. Ensure that you disclose all the required information and diligently mention it all because after the final draft is complete, it cannot be edited or altered.

  • Parties were conscious when signing.

It is a legal practice that the respective parties involved in a contract or an agreement are mentally normal and are capable enough to sign the required document dealing with a case. Similarly, both the parties in a prenuptial agreement should have been conscious when signing the agreement. If the court knows that one of the parties was absent-minded during the signing of the prenuptial agreement, it cannot be considered a valid prenup.

  • Oral prenups are not considered.

Although you might have thought that you can simply agree on certain terms and conditions orally in front of a legal representative, it cannot be considered a valid prenuptial agreement unless or until it is written on a well-drafted document duly signed by both parties.

  • No false information

The parties must be genuine and honest with all the information and details discussed in the prenuptial agreement. If the court finds out that one of the parties had tried fraud or mentioned a false statement, they will invalidate the agreement immediately.

Before marriage, a couple is advised to make a prenuptial agreement to protect their children and benefit from their inheritance if the couple’s marriage got dissolved or resulted in a legal separation.

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