People in California who are entering into a marriage with a lot of assets should definitely have a prenuptial agreement to protect them in the event of divorce. In order for the agreement to be valid, couples should follow certain guidelines so it stands up in court.
According to FindLaw, some basics in regard to a prenup is that it must be in writing and both husband- and wife-to-be must sign it. Some mistakes that the couple should avoid include:
- Pressuring the other into signing it – a judge will often throw out a prenuptial agreement if one spouse or family member pressured the other into signing it without agreeing to all the terms
- Rushing the process – each spouse should have sufficient time to think about what to include, negotiate for their own rights and ideally sign it at least six months before the wedding
- Not using attorneys – because a prenup is legally binding, it is important that both sides use their own attorneys so it is a fair agreement
Marriage.com discusses some other mistakes some couples make. One is not being honest about liabilities, income and assets. If the judge determines one of the partners lied, he or she will most likely not honor the terms.
Although the couple can outline their terms in a prenup, the judge may say it is invalid if they are completely unfair to one of the parties to the point that one will face trouble financially. Couples should take sufficient time to make sure both agree to the terms and feel ok about the prenup.