What the specific terms are of a prenuptial agreement can impact many things.
One is whether or not the agreement will ultimately be enforced. When a prenup’s terms are deemed to be unfair in a significant way to one of the parties to the agreement, the agreement may be found to be unenforceable.
Thus, one thing that can be important when it comes to forming a prenup is making sure the terms of the agreement are such that they would not potentially endanger the agreement’s enforceability. It kind of defeats the purpose of having a prenup if the prenup is unenforceable.
Another thing the specific nature of a prenuptial agreement’s terms can impact is what specific rights the two parties to the agreement would have if they got divorced. Thus, such an agreement’s terms could have some potentially very major effects on the two parties in the future.
Given the major impacts a prenuptial agreement can have on the agreeing parties’ future rights and interests, it can be very important for a prenup’s terms to be carefully tailored to the specific circumstances of the parties. Such careful tailoring can help prevent such an agreement from having unexpected or ill-suited effects.
As this discussion underscores, the specific terms of a prenuptial agreement matter quite a bit.
Our firm understands how important careful drafting and careful tailoring can be when it comes to prenuptial agreements. When we are helping clients with the formation of a prenuptial agreement, we put considerable effort into understanding their specific situation and helping them with forming a workable agreement that is a good fit for their situation.