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Gregory S. Johnson, Attorney at Law
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Is your prenuptial agreement in danger?

Louisiana readers understand the importance of securing their financial assets, even before marriage. A common way many couples do this is by drafting prenuptial agreements. These are legal contracts that outline the division of marital property in the event of a divorce. They can also address other financial issues that will be effective over the course of the marriage.

These agreements can be valuable tools because they can give you great confidence for the future, yet it is important to be certain that mistakes do not derail your efforts. Certain errors with prenuptial agreements can actually render some or all of the terms invalid. This exposes you to legal complications and potential financial losses.

What should you avoid with your estate plan?

There are multiple reasons why a prenuptial agreement could be invalid. In most cases, issues and potential mistakes are preventable with help and guidance. With your financial security on the line, it is beneficial to have experienced guidance as you discuss the terms of your agreement and draft the contract. Some reasons why your prenuptial agreement may not be valid include the following:

  • A valid prenuptial agreement must be in writing.
  • When one party does not get to read it or does not understand the terms, it may lead to issues later.
  • If the terms of the agreement are unfair or illegal, it could invalidate the legal contract.
  • Both sides must have ample time to read and review the contract before signing or else it may be invalid.
  • If your contact is incomplete, incorrect or there are other issues with the drafting or terms included, it may be invalid.

Divorce is a complex and emotionally challenging process, and many prenuptial agreements become the center of contentious disputes. Properly drafting your agreement is a smart way to ensure it withstands scrutiny and does not leave you at risk in the future.

A smart step for all couples

A prenuptial agreement can be a smart step for couples of all income levels. If you believe that this is a smart step for you before you marry, it is prudent to have the guidance of a seasoned family law professional. This is an important contract that could have a direct impact on your future, and having support can give you invaluable peace of mind.

Drafting a prenuptial agreement may not seem like a romantic or practical step for you, but in reality, it could be a valid way for you to secure your future and move forward with confidence.

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