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How to make a prenuptial agreement enforceable

Learn how to make sure a prenuptial agreement can be enforced if need be and get the facts about new ways and reasons to enter into a marital contract.

Prenuptial agreements have come a long way in the past several decades. Once thought to be only useful to those persons with extreme wealth and disbursed assets, today’s prenuptial agreements can do this and so much more. From assistance with estate planning to critical preservation of online personal reputations, a premarital agreement offers many benefits.

Let reasonableness be the rule

There are many things that can affect the ultimate enforceability of a prenuptial agreement. One of these is the level to which any provision can be identified as reasonable.

As discussed by the Huffington Post, when any portion of a marital contract is deemed unreasonable, it may not be able to be legally upheld. Some examples could be one person’s wish that the other partner undergo plastic surgery or maintain a specific hair color.

The importance of all elements of a prenuptial contract to be reasonable extends to any provision. Fox News highlights that many couples today are opting to include clauses governing the future use of any social media should they get divorced down the road. Once again, the actions that should be prevented or banned in these documents must be fair and clearly outlined.

Clarity in what can or cannot be posted is important and what may seem clear is not necessarily. For example, a statement barring the posting of any photos of the other partner could be difficult to uphold if one parent posts a happy moment at a child’s school play with the child and the photo includes the other parent. Proving harm from such a post would be difficult. Any harm must be able to be identified as a result of any online slander and could include lost business income due to negative posts.

Not always about divorce

Prenuptial agreements are not always used as vehicles for outlining actions or decisions related to assets during a divorce anymore either. As told by the New York Daily News, the growth in marriage rates among people with children already of adult age has led to the use of these contracts as additional estate planning tools.

A marital contract can be a great way for spouses to keep special items in their own family lines after they die and prevent conflict among adult step-siblings after the losses.

Contact an attorney

A prenuptial agreement is a legal contract and should not be created without legal assistance. Talking to an attorney who is well versed in these documents is important before making final decisions.

Keywords: prenuptial, contract, agreement, divorce