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Mistakes in a prenuptial agreement could prove costly

On Behalf of | Sep 23, 2020 | Divorce

As New Jersey couples plan their weddings, the last thing they want to think about is the possibility of divorce. However, it is a possibility, and many of those couples accept this and take steps to help ensure that the process goes more smoothly if it happens by executing a prenuptial agreement. The problem is that certain mistakes can make a prenup invalid and make the divorce process more costly.

The following common errors have invalidated prenuptial agreements in the past:

  • False or incomplete information
  • No time to read, review or consult with an attorney
  • Including unconscionable or invalid provisions
  • One party felt pressured by the other to sign it
  • Failure to execute it in accordance with current law

In the event of a divorce, a New Jersey court will review the agreement for these and other errors. If the court finds one or more of them, it could throw out part or all of it. Then, the couple will have to start from scratch in order to get through the property division portion of the proceedings.

Individuals wanting such an agreement need to broach the subject early in the wedding planning process. Each party will also need time to make sure they gather all their individual financial information and exchange it with the other party since full disclosure is a necessary part of the process. Once the agreement is negotiated, it will need to be properly executed. Taking these steps could help make sure the prenup remains viable.

Another part of the road to a valid prenuptial agreement is the right to work with an attorney. Each party deserves the opportunity to protect his or her rights and interests. Consulting with an attorney can help remove the insinuation of duress or coercion as well.

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