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Two mistakes that can invalidate your prenuptial agreement

On Behalf of | Jan 18, 2022 | Family Law |

A prenuptial agreement, commonly known as a prenup, is a binding contract that is drafted and executed by a couple that is planning to get married. While a prenup agreement is not a mandatory requirement before marriage, more and more couples are opting for one thanks to the many benefits it can bring.

A prenuptial agreement can be quite complex and meticulous. If you and your spouse-to-be decide to draft a prenup, it is a requirement that you both make full disclosure of what you own and owe, and outline how debts and assets will be handled should your marriage end in a divorce. 

Here are common mistakes you need to avoid when creating your prenup agreement. 

Including prohibited topics

While you have a degree of flexibility when it comes to what you can include in your prenuptial agreement, it is important to understand that some topics are off-limit and including them in your prenup can invalidate the entire document. Some of these topics include:

  • Child custody and visitation terms – when a marriage ends in divorce, it is the responsibility of the court to determine how the children will be cared for based on their best interests. You cannot use a prenup agreement to overstep the statutory requirements on child custody and visitation. 
  • Child and spousal support – both child and spousal support are governed by Colorado laws. As such, you cannot use a prenup agreement to make these arrangements. The court will refer to the relevant statutes when determining how these payments will be made. 

Failing to comply with statutory requirements

A prenuptial agreement must be made in writing. Additionally, the agreement must be signed by both parties – and each party must have time to review the terms and not be under any duress to force them to sign.

Having a prenup agreement in place before tying the knot is a wise move. A properly-written prenuptial agreement can save you time, money and stress should your marriage end in a divorce. 

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