Vacanti | Shattuck | Finocchiaro Attorneys

How Long Does It Take To Draft A Pre-Marital Agreement And Make It Valid?

Generally, a prenuptial agreement should commence six months prior to the anticipated marriage date with the Agreement being finalized and signed no later than thirty days prior to marriage. The amount of time that your attorney takes to prepare it depends on how quickly you can identify exactly what you are trying to accomplish, what the marital assets are, and what you want the agreement to address. There are other things you can address, like the possibility of alimony, in most states. It is important that the other side has full disclosure and is not rushed or pressured in any way into entering the agreement. It should be completely voluntary, in order to be enforceable.

Can A Pre-Marital Agreement Become Invalid For Any Reason?

Prenuptial agreements can be invalidated by a court for not adhering to the strict rules that each state has in their statutes or simply applying basic tenets for entering a legal contract. If you don’t follow the rules and if the other side is put under duress or coercion, a court will automatically throw it out for that purpose. Lack of honesty, not including your true assets and debts, including terms that cannot be addressed by a court, and non-realistic expectations can all invalidate an agreement. Generally speaking, a pre-marital agreement should deal with marital assets, not expectations of working or things like that. It must be in writing and be signed by both parties and you must have time to fully review the other side’s assets.

What Are Some Of The Ramifications Of Not Having A Pre-Marital Agreement?

Having a prenuptial agreement allows clarity for both parties and what their expectations are, coming into the marriage. It may make people on both sides feel comfortable that whatever they have brought into the marriage is safeguarded for future generations. It may make you feel more certain that your spouse is marrying you for the right reason and not for your assets. It also allows a couple, if they do go through a divorce, to save a lot of money because you have already identified what the marital assets and non-marital assets will be and how certain things will be divided.

For more information on Drafting & Validating A Pre-Marital Agreement, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (402) 235-6070 today.

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