We are essential, and so are you! Our firm is still open for business and accepting new clients. To protect your safety in response to the threats of COVID-19, we are offering new and current clients the ability to meet with us via telephone or through video conferencing. We also have masks available upon request if you need to visit the office. Please call our office to discuss your options.
  1. Home
  2.  » 
  3. Prenuptial Agreements
  4.  » There should be no room for interpretation in a prenuptial agreement

There should be no room for interpretation in a prenuptial agreement

| Oct 30, 2014 | Prenuptial Agreements

Drafting and executing a prenuptial agreement prior to marrying can immensely benefit both an individual and couple down the road. The process of drafting a prenuptial agreement can serve to bring a couple who plans to marry closer as they go through the process and openly discuss their life and financial realities, fears and goals. Having such a legal document also aids a divorcing couple in expediting the division of assets, saving both spouses time and hassle.

While there are many benefits to having a prenuptial agreement, it’s incredibly important to ensure that such a document is clear and explicit in its terms. Even in cases where a prenup seems ironclad, an ex-spouse may choose to contest a prenuptial agreement for a number of reasons.

A divorcing spouse may contest a prenuptial agreement for the following reasons:

  • Its terms are unfair and serve to disadvantage one spouse
  • An individual or couple failed to obtain the assistance of an attorney when drafting and executing the document
  • It wasn’t filed properly
  • One or both spouses failed to fully disclose financial information
  • A spouse signed the document under duress, was coerced or, at the time, lacked mental capacity

Even in cases where an individual follows the rulebook when drafting and executing a prenup, it’s important to ensure that a document’s wording leaves no room for interpretation. In the event a couple divorces, any ambiguity in the explanation of a prenup’s terms may be seized upon by a bitter ex.

For Minnesota men and women who plan to marry and wish to explore the benefits of a prenuptial agreement, it’s wise to consult with an attorney who has experience in both drafting and contesting prenups.

Source: Forbes, “How Key Portions Of Prenups And Postnups Can Be Invalidated,” Jeff Landers, Oct. 16, 2014