As the average age of adults getting married for the first time increases, prenuptial agreements are becoming commonplace. Couples who are aware of the high likelihood of divorce and understand the realities of post-divorce financial problems are determined to protect themselves. A written contract gives adults a way to keep their separate business assets safe in the event of a divorce. Adults who enter a marriage with their own homes, established careers, and business investments do not want to risk dividing things if the marriage dissolves. Unfortunately, not every person who uses a prenuptial agreement actually has the protection they hoped for. Finding out if your prenuptial agreement is valid is something that you should do immediately, especially if you believe your relationship is in trouble.
Who Wrote it?
Do-it-yourself legal forms are presented as an affordable way to handle contracts that are fairly straight-forward. However, buying a document online without knowing who wrote it or when it was written could lead to serious trouble. The law is constantly evolving and not every state handles prenuptial agreements the same. Buying an outdated contract written by someone who has never practiced law in Georgia could lead to problems when you attempt to introduce your prenuptial agreement into your divorce case. Knowing who created the document that is important to you helps you determine if it will be considered valid.
When was it Signed?
When prenuptial agreements are challenged during a divorce, the timing of the agreement’s signature often becomes a major factor when determining if the agreement is valid. Even if you believe that your agreement is written in ironclad legal language, having your spouse sign the contract on the day of the wedding could spell disaster. The multimillion dollar estate of a property developer became the center of a prolonged court battle when the developer’s young widow challenged her prenuptial agreement. Since the bride was pressured into signing the agreement immediately prior to the wedding, the court eventually set aside the agreement.
What are Your Concerns?
Typically, a person who is worried that a prenuptial agreement is not valid has specific concerns or reasons to doubt the legitimacy of the contract. Acknowledging those concerns instead of ignoring them will help you determine if your agreement is not valid. Any doubts about your agreement’s language, stipulations, or how it was signed should be addressed immediately. If you, the person who created the agreement, is uncomfortable with its validity, then chances are a third party will question its validity, as well.
Talk to a Lawyer
The best way to protect yourself and your assets while starting your marriage off on the right foot is by talking to a prenuptial agreement attorney. An attorney can discuss your unique needs, answer your questions, and make sure you enter your new marriage with a fair agreement that is legally binding. The team at Vayman & Teitelbaum know how difficult broaching the subject of a prenuptial agreement is. We are prepared to assist you during the process and make sure that the contract is executed correctly. Contact our conveniently located Atlanta, Georgia office today to schedule an initial consultation so that we can begin providing you with the legal representation that you need.