In many cases, independent counsel has been a key factor in determining the overall fairness and enforceability of a prenutial agreement. Since both parties must enter into the contract competently and voluntarily, everyone should consult independent legal counsel. However, no State requires that such consultation be valid. Some States require each party to have the opportunity to consult a lawyer of its choice, but they do not require actual consultation for the agreement to be maintained. Other States consider that independent legal advice is a factor to be taken into account in determining whether the agreement was concluded competently or voluntarily. The above information will give you a better idea of what to expect and how to behave when you consult a lawyer to create a prenup. Attaching this document to your marriage certificate during the registration process is part of good legal and financial planning. Although it may offend some partners, the document should still be considered as additional security. An example would be if you were to marry someone who is entitled to a large inheritance with little or no other income. If you create conditions that force your spouse to give you his or her inheritance in the event of a divorce and he or she has nothing left to support himself, it is likely that these circumstances will be considered unfair in the agreement. Encourage your clients to play it safe by presenting the prenoptial agreement before wedding invitations are released. This should underscore the importance of carefully designing your prenutial agreement and always relying on experienced legal advice when finalizing prenaptial agreements. Couples can reduce their risk of marital discord by addressing potential future financial, family and interfaith problems.
Conflicts over these issues often lead to divorce. If you discuss these issues now and agree on them, you can improve your marriage in the future. However, it can be difficult to enjoy these benefits if the prenup is not done correctly or does not include the specific legal terminology needed to make it more difficult for your spouse to support later should not be valid. .