It has been said that when you marry your spouse, you marry his or her family as well. When two families join together, wonderful new bonds can be created. But, sometimes this union can be complicated and not everyone involved will see eye to eye. A common source of disagreement is that of a prenuptial agreement. In some cases, parents will want their child’s fiancé to sign a prenup, but the child and/or fiancé may disagree. So, what happens when you cannot agree about a prenup? Read on for more information.
What is a Prenuptial Agreement?
A prenuptial agreement is a legal document that declares how a couple’s assets will be split in the event of death, divorce, or separation. 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. It is important to note that there are a lot of misconceptions surrounding prenuptial agreements. While a prenup deals with what happens at the end of a marriage, creating a prenup in no way indicates a future divorce or unstable relationship. Instead, prenuptial agreements allow you to get uncomfortable financial discussions out of the way early and leave both you and your spouse feeling protected.
What Makes a Prenup Valid?
Because a prenuptial agreement is an important legal document, there are certain requirements that must be met in order for the document to be considered valid. For a prenup to be valid, a couple must:
- Enlist independent legal counsel
- Disclose all of their assets
- Voluntarily enter into the prenuptial agreement
- Be provided with adequate time to evaluate all of the terms of the agreement before signing.
Can My Fiancé’s Parents Make Me Sign a Prenuptial Agreement?
In the event that a child or fiancé 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.
What if We Cannot Come to an Agreement?
It is important to enter into a marriage on good terms. For this reason, you may want to consider having a discussion regarding your feelings about the prenup with your future in-laws. Listening to both sides can be important. You may wish to have a mediator present at this meeting in order to make sure all goes smoothly.
If you have any questions regarding a prenuptial agreement, contact our firm to speak with a knowledgeable attorney.
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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.
