Deciding whether to sign a prenuptial agreement can be one of the most difficult decisions engaged people face.A premarital agreement can address more than just the financial aspects of marriage.If the groom hands the contract and a pen to the bride just before she says, "I do," the agreement is probably invalid. INVALID PROVISIONS: Although a premarital agreement can cover just about any financial aspect of the parties' relationship, it cannot in any way modify the child support obligations that either spouse would have if the marriage should end in divorce.Any other provisions of the agreement that violate the law would also be invalid.
If one prospective spouse provides the other with information that is not true, the agreement is invalid. INCOMPLETE INFORMATION: Failing to provide pertinent information is as bad as providing false information, and it renders a premarital agreement unenforceable. NO INDEPENDENT COUNSEL: Because their separate interests are at stake, both parties to a premarital contract should (and in some states must) be represented by their own attorneys, or the agreement will not be enforced. UNCONSCIONABILITY: It's true that you can agree to give up your right to inherit from your spouse, which you would otherwise be entitled to do upon your spouse's death, even if he or she left you out of a will.This is a way to help promote a successful union and is a very wise idea considering the high divorce rate that still exists.Premarital inventories are commonly used to help with the counseling process.The purpose of taking a premarital inventory before your wedding is to help the two of you receive an objective assessment of potential problems and issues in your relationship.Many professionals (therapists, clergy and family law attorneys) would agree that premarital counseling is highly recommended before marriage.