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Nullifying prenuptial agreements

People use prenuptial agreements to protect their property and money in case their marriage ends in divorce. If you are not protected through prenuptial agreements, there is a chance you might lose most of your property. That adds to the emotional distress a divorce can cause. Signing prenuptial agreements can be complicated but they are a great way to protect your estate and property. However, you need to be wary of certain situations in which your prenuptial agreement might be nullified by the court of law.

Both parties need to have an attorney present while negotiations for a prenuptial agreement are taking place. A major problem during prenuptial agreements is that both parties use the same attorney. This creates a clear conflict of interest for the attorney. It is the attorney's duty to work for the betterment of both parties, which is impossible if he or she represents both sides. Furthermore, you cannot just sign a prenuptial agreement because that is what your spouse wants. Any agreement signed to make your spouse happy does not hold up in court.

Procedural mistakes during< drafting of a prenuptial can also lead to a judge making it void. Presenting wrong information in the agreement can lead to the agreement being nullified.  It is important to make sure all information provided is factually correct and no loopholes are left for either party to exploit later on.

If you are looking to enter into a prenuptial agreement with your future spouse, it is important to hire an experienced family attorney. The attorney should be different for both parties so you can get the best possible deal.

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John T. Chamberlin, Attorney at Law
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