Some couples choose to combine their assets when they decide to get married. Alternatively, other couples may wish to keep their assets separate in the event that they get divorced in the future. This can be done by drafting and signing a prenuptial agreement, also referred to as a “prenup.” This document, that is signed before the marriage is official, is a contract between two future spouses that outlines the division of their properties if they decide to divorce.
Can Parents Force You to Get a Prenup?
When a couple gets married, it brings more than just two lives together. It also intertwines families as well, often leading to the couple’s parents becoming involved. Parents usually want what they believe is best for their child. Sometimes, a family may have an inheritance, business, or property that is passed down throughout generations. In these situations, parents may want the assets to stay within their family and not end up with an ex-spouse in a divorce. This may lead the parents to pressure their child’s fiance into signing a prenuptial agreement to ensure the safety of the assets.
It is important to know that it is the decision of the future spouses if they wish to sign a prenuptial agreement or not. In some cases, a parent may try to influence their child or the fiance into signing a prenup. Sometimes, they may even threaten to cease financial support or take the child out of their future will. However, no one can be forced to sign a prenup if they do not want to.
Invalid Prenups
In the event that a child or fiance is coerced by a parent into signing a prenup, it is important to know that this document can be deemed invalid. A prenup is a contract, meaning that it must be signed at an individual’s own will. If it was signed under duress or the pressure of a parent, the document can be contested and invalidated.
Finding a Balance
The topic of prenuptial agreements can create an uncomfortable environment for all parties involved. It is because of this that the matter is handled in a positive way that allows for the parties to come to solutions. This can be achieved through discussions regarding any feelings about the prenup, including why the spouses may not want to sign it or why the parents want them to. If necessary, the family can have a mediator present at the discussion to help navigate these feelings and reach agreements.
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If you need an experienced legal team to guide you through your divorce, contact Townsend, Tomaio & Newmark L.L.C today.