Maggio Law Firm, PC

A locally rooted law firm with more than 22 years of courtroom experience.

Local 228-206-3517
Toll-free 888-681-5066

Contact Form

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

When drafting a prenuptial agreement, speak to an attorney

Though putting together a prenuptial agreement is often a good idea for those contemplating getting married, there are mistakes that can be made in the wording that could ultimately make the agreement invalid.  It's for this reason that experienced family law attorneys should be involved in the review and creation of these agreements.

Couples may fail to realize that such agreements cannot be used to resolve certain issues concerning visitation or child support.  Additionally, many agreements are invalid because of ambiguous phrasing or unclear language.

There are legal requirements when these documents are drafted. For example, the agreements do need to be made in writing. Also, if such an agreement is signed by couples residing in Mississippi, family law requirements specific to our state will need to be followed.

When an attorney reviews the language of a prenuptial agreement, frivolous, unconscionable or unenforceable provisions can be removed before the document is signed. Attorneys can also alert clients to the possible problem of assets being hidden or not being disclosed. The chances of an agreement being signed under duress probably will be greatly reduced as well when an attorney is present to advise parties of their options.

Couples will want to make certain that the agreement can be enforced. An agreement can in particular make the division of property and assets go more smoothly in the event that a divorce does take place. A well-drafted agreement will prevent misunderstandings that could ultimately cost both parties expense and further inconvenience. If issues arise that were not properly addressed in the prenuptial agreement, the couple may have to address these issues in court.

Source: Huffington Post, "10 Common Prenup Pitfalls," David Centeno, Nov. 4, 2013

No Comments

Leave a comment
Comment Information