How Do I Avoid Common Missteps When Drafting a Prenuptial Agreement?

Family Lawyer Rockville, MD

The excitement associated with getting engaged is often widespread. If you have recently become engaged, you have likely witnessed the effects of this phenomenon. Your loved ones are likely thrilled for you, as are colleagues and even strangers. Many are likely offering you advice at this time, some of it solicited and some of it unsolicited. Chances are that most of the excitement about your engagement centers on your upcoming wedding and honeymoon. And while it is understandable that the people around you are focused on celebrating your union, it is important that you and your future spouse take some time to prepare for the legal realities associated with getting married in addition to planning your day of romantic festivities.

Too few engaged couples put in the time and effort required to truly prepare for the legal transitions associated with marriage. Although you will notice that most of the changes you will make as you transition from single individual to married individual are emotional and practical, the legal side of getting married deserves significant attention as well. As a newly married couple, you and your future spouse will be granted numerous rights under the law and will be affected by numerous legal responsibilities as well. One of the ways you can prepare for these new rights and responsibilities involves drafting a prenuptial agreement.

Drafting a Strong, Enforceable Prenuptial Agreement

It is important to understand that the very act of drafting a prenuptial agreement can help to ensure that you never need to use it. More and more couples are recognizing that working through their issues and setting out their expectations for marriage in enforceable ways allows them to avoid preventable tensions in the future. Drafting a prenuptial agreement now may help to ensure the strength and longevity of your marriage later.

When working with an attorney to draft a prenup, it is important to leave yourself plenty of time. Prenups are not generally enforceable if they are drafted and/or signed unreasonably close to a couple’s wedding. Proper timing helps to avoid the appearance of coercion. It is also important that each spouse consult with an attorney individually in order to help ensure that the terms of the contract are both fair and generally enforceable. Consulting with an attorney is key because the area of law that governs prenups is ever-evolving and an attorney is best placed to explain what may and may not be legally included in the terms of such an agreement.

Legal Assistance Is Available

If you and your future spouse are interested in drafting a prenuptial agreement, please do not hesitate to connect with a family lawyer Rockville, MD offers at Daniel J. Wright. Because it can take time to “iron out the details” and because it is important for future spouses to sign their finalized prenuptial agreement in relatively decent advance of the wedding, please consider reaching out to an attorney as soon as you can. Ensuring that you leave enough time to navigate this process properly will help to ensure both its success and your peace of mind.