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What is required for a prenuptial agreement to be valid?

A prenuptial agreement can be an important consideration for couples who are contemplating marriage.

Prenuptial agreements can be helpful for many couples, which is why it is important to know what is required for a prenuptial agreement to be valid.

The requirements for a prenuptial agreement may vary by state, so it is beneficial for couples to be familiar with the family law process in their state. To begin with, a prenuptial agreement should be in writing. In addition, the prenuptial agreement should be signed by both parties prior to the wedding.

Along with these requirements, it is also important that neither spouse be pressured into signing the agreement. Both spouses must have adequate time to read, review and consider the prenuptial agreement before signing it. If the process is rushed, the prenuptial agreement may be considered invalid. Each party should also have their own counsel review the premarital agreement before signing. The agreement will be held invalid if the terms are unconscionable.

A prenuptial agreement may not include certain topics, such as child support, should the couple later divorce, so it is essential not to include any invalid provisions or false or incomplete information in the couple’s prenuptial agreement. A prenuptial agreement can help spouses entering into a marriage clarify financial concerns, which is why it is of the utmost importance to ensure the prenuptial agreement is valid. If you need help drafting a prenuptial agreement or reviewing one your spouse has drafted, you should contact an attorney for help.

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