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Common prenuptial agreement errors to avoid

On Behalf of | Sep 3, 2026 | Prenuptial Agreement

Creating a prenuptial agreement is one way that you and your future spouse can protect yourselves. While some people think that these agreements mean that the involved individuals believe that their marriage will fail, that’s almost never an accurate assessment.

Prenuptial agreements can cover a variety of topics, such as how property, debts and income will be handled during the marriage and if it ends. Because a prenup can significantly alter a person’s future, it’s critical that it’s handled properly. Avoiding these common errors is critical.

Error 1: Failing to provide a comprehensive financial picture

In order to make an informed decision about a prenuptial agreement, both parties must have a complete accounting of their finances. This means that both parties have to be completely honest and provide a comprehensive look at their finances.

Error 2: Presenting the prenup at the last minute

Both parties need time to review the document and determine if signing it is in their best interests. Doing this will likely require assistance from an attorney, so it’s never a good idea to present the prenup right before the wedding.

Error 3: Including terms that can’t be upheld

While there are a lot of terms and conditions that can be included in a prenuptial agreement, there are some that shouldn’t ever be addressed within the text of such contracts. This includes terms that overly favor one party or those that have to do with child support and custody.

Ultimately, a prenuptial agreement should protect both parties. Working with a legal professional who is familiar with these matters can be beneficial since they can help to ensure that this document can be legally upheld if necessary.

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