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