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Preparing and discussing a prenuptial agreement with your fiancé can be a sensitive matter. Every prenuptial agreement is different and will solely represent the parties involved as every person’s financial circumstances are unique. Because of that, there is no “formula” to putting together a prenuptial agreement and each agreement will be unique in itself.
A prenuptial agreement is a legally binding contract between two parties who are in the process of getting married. As with all contracts and legally binding documents, a prenuptial agreement needs to be properly drafted with specific language and terms. If this agreement is not correctly drafted, it can be unenforceable by the court and cause issues if the parties later divorce. It’s very important to know your rights and to protect yourself when getting married. Whether you are the party creating the prenuptial agreement or the party reviewing the agreement, you have important rights and it’s important to know them before signing this legally binding agreement. There are ways that a prenuptial agreement will be deemed unenforceable or invalid. Detailed financial disclosure of both parties is also an important part of the prenuptial agreement.
Any terms regarding child support including limiting the amount or any kind of conditions regarding child support in a prenuptial agreement will generally not be enforceable. Child support cannot be waived and there is a statutory formula when deciding child support. Child support is a separate matter.
Whether you are the drafting party or the reviewing party, let Litt Law Firm help you through the process and make sure your agreement is prepared correctly.