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Here are the top three reasons your prenup may not be enforceable
Verbal prenuptial agreements are not a thing really nowhere do they exist a prenuptial agreement must be in writing plain and simple let's say you earn a couple hundred thousand dollars a year and your soon-to-be spouse who's a part-time actor who never really gets any work tells you that they will never ask you for alimony they don't want any of your assets if you get divorced but there's nothing in writing is that enforceable as a prenuptial agreement i mean they promised right no there's no way a court will ever uphold some sort of weird verbal agreement in lieu of a prenuptial agreement because like we said verbal agreements not a thing if you want it to be enforceable put it in writing
Number two inadequate financial disclosure this is a really big one that we talk about a lot in all prenuptial agreements both spouses need to provide full and fair disclosure of each other's finances this includes income assets and debt providing full disclosure of all income assets in debt is really necessary to ensure that both you and your future spouse enter into this agreement with eyes wide open you need to know the assets that you are waving your rights to or you can't really waive them can you if you don't know what those assets are how do you know what you're giving up this is why it's incredibly important to be really thorough in your financial schedule
For a prenup to be valid both you and your soon-to-be spouse must enter the agreement willingly without coercion if one spouse did not have time to fully read the document or was pressured to sign a judge may hold that this agreement just can't be enforced this goes back to a point that we've made in many other videos is you need to make sure you have enough time to negotiate your prenuptial agreement although many states say signing a prenuptial agreement the day before the wedding is not enough in and of itself to invalidate the agreement it certainly does leave room for an argument that there just wasn't enough time for the parties to review the agreement or obtain legal counsel if they wanted it certain states like California require a certain amount of time before presentation of the agreement and signing of the agreement to avoid this very issue so when you consider getting a prenuptial agreement make sure you're leaving enough time for negotiation review hiring of counsel if you want it and signature
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