Are Prenuptial Or Postnuptial Agreements Easy To Break?
If you follow the proper procedure, pre/post marital agreements are not easy to break. The ones that are easy to break are the agreements that are signed the day before the wedding. As long as you take plenty of time to exchange financial information, have each of the parties reflect on it, and sign it, they are not easy to break.
Can A Prenuptial Or Postnuptial Agreement Become Invalid For Any Reason?
There are some very rare instances where pre/postmarital agreements can become invalid. That would include if there was a change in the law on a particular aspect that was addressed in the agreement. A change in the law would probably not invalidate the entire agreement but rather just the point that was affected. Another area that you must be very careful with is any issues regarding children because the law thinks about the best interests of the children. It is very difficult to include future children’s issues in a premarital agreement.
Can A Prenuptial Or Postnuptial Agreement Ever Be Terminated?
You can absolutely terminate a premarital agreement. A premarital agreement is just a contract between two parties. As long as you have a subsequent contract that you both sign and you both understand that the premarital agreement is no longer in effect, the premarital agreement is done. Another thing that happens is people enter into premarital agreements and they have a sunset clause. It says something like if they remain married for 10 years or more, then the premarital agreement will no longer be in effect.
Should Both Parties Have Separate Attorneys When Drafting Either A Pre Or Postnuptial Agreement?
It is very important for both parties to have their own independent attorneys for pre/postmarital agreements. It is not uncommon for one of the attorneys to do most of the drafting of the agreement but the other party should absolutely have time to sit down with their own independent attorney to go over the agreement, so that it can be fully explained. Then, they have a full understanding of the legalities of the different things they are being asked to agree to. The reason this is also important for the side drafting the agreement is it is more evidence for them in support of their side, should the other party try to break the agreement later.
For more information on Breaking Prenuptial Or Postnuptial Agreement, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (954) 928-9995 today.
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