If you are planning to create a prenuptial agreement, you will want to go about the process carefully. If you are not wise in the way that you draft the agreement, it may not hold up in the future when it truly matters. The first error that many people make when drafting a prenuptial agreement is failing to hire independent legal representation. When couples are about to get married, they may want to do everything together. But hiring the same attorney to represent both you and your spouse-to-be prior to marriage can be a poor decision. Instead, you and your fiancé should both hire independent lawyers from the outset.

This way, in the future if it comes to invoke the guidelines of the prenuptial agreement, you can contact your lawyer and will not need to fear that your attorney is simply working for your spouse and is on his or her side. When both parties hire independent attorneys, the lawyers will be able to make sure that their clients fully understand the prenuptial agreement and can witness that the papers were signed voluntarily.

Another mistake that many people make when it comes to prenuptial agreements is failing to make sure that both parties express that they were in a sound state of mind and perfectly conscientious when signing the marriage documents. If one party is under the influence of drugs or alcohol or is not mentally capable of understanding the terms of the prenuptial, then the document may be discounted. Also, if a person signs a prenuptial agreement because he or she was compelled to do so, and did not sign the agreement out of his or her own free will, then the document won't be valid.

Prenuptial agreements can also lose their validity if they are signed too close to the wedding day. Some spouses have argued that their prenuptial agreement should be canceled because the couples signed it at the very last minute. In many cases, invitations have already been sent out when the prenuptial agreement is signed. In the event of a divorce, one party can successfully argue that he or she was forced to sign the document because of pressure with the upcoming wedding right around the corner.

Attorneys suggest that engaged couples sign their marriage license one to three months before the wedding date. The spouses-to-be will then have enough time to deliberate on the provisions of the agreement before signing it. Prenuptial agreements can be thrown out if there is not full disclosure. If one spouse does not include all of his or her assets, or lies about financial issues, then the prenuptial agreement will be void.

Also, you cannot include child support provisions in a prenuptial agreement. This is because at the time of the marriage the children are non-existent, and the courts will want to decide child support and custody based on the best interests of the child on a case-by-case basis. Courts throw out prenuptial agreements that are deemed unconscionable. This is when an agreement would be "shocking to the conscience." If a prenuptial agreement puts one spouse on welfare, then the court will also reverse this order.

Prenuptial agreements must be written, and oral agreements aren't considered valid by the court. Also, if the writing on the prenuptial agreement is ambiguous, failing to be clear about the agreements at hand, then it may be discounted. If the agreement holds any unusual provisions, then some of those provisions may be deemed unenforceable. For example, if one person requires that the other spouse always do the dishes, this would be considered an unreasonable situation. If you want more information about prenuptial agreements or need help filing a prenuptial agreement that will hold up in court, then contact a local family attorney today!