It is not enough to write a prenuptial agreement before you marry. You have to ensure the contract is enforceable, meaning it covers all legal requirements. When you begin the divorce process in Arkansas, a judge will have the final say on the validity of your prenup. He or she may invalidate the whole document or only parts of it. The judge could also say it is entirely valid. Ideally, that is what you want. To help ensure your prenuptial agreement is ready to face the judge, there are specific guidelines you should follow, according to Forbes.
The agreement must be fair. You and your soon-to-be spouse both must have legal representation of your own. You need to ensure you include every asset each of you owns, and make sure you each understand the document. You need to ensure your future partner is signing the agreement fully aware of its implications. If you fail to both have attorneys or he or she claims not understanding the document, it could lead to a judge throwing it out.
Make sure you cover every possibility. Think ahead and about what might happen with a business or alimony needs in the event of a divorce. Include these things in your agreement. However, understand some things are not okay to include. Courts will not look to a prenup to determine child custody or support issues. Also, if you include outlandish requirements of your spouse, such as she or he must maintain a certain weight, expect the court to throw those out as well.
This information is for education and is not legal advice.
