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What are 2 mistakes to avoid in a prenuptial agreement?

Your prenuptial agreement is going to be one of the most important legal documents you have should you ever decide to get a divorce. For this reason, it's important that you draft the document and sign it in a fashion that ensures it will stand the test of a challenge in court.

Unfortunately, there are many mistakes spouses make when drafting and signing a prenup, and in some cases, these mistakes can be enough to invalidate the document. Here are two prenup mistakes you'll want to avoid in this regard:

1. Failing to have independent attorneys representing both newlyweds: When one spouse hires a lawyer to draft a prenup and the other spouse signs it without reviewing the document with independent legal counsel, this is a recipe for disaster. At a later time, the agreement could be challenged on the basis that the unrepresented spouse didn't fully understand the legal ramifications of what they were signing.

2. Signing a prenup right before the wedding date: Regardless of the circumstances that surrounded the signing of your prenup, if you signed it shortly before the wedding date, it could appear as though one of the spouses was surprised by the document after the wedding had already been planned and paid for and the guests had been invited. This would put tremendous pressure on any spouse to go ahead and sign the document to risk the shame associated with a canceled wedding. A court might invalidate a prenuptial agreement on this basis.

There are many other mistakes that people make when signing a prenup, which is why it's always good to understand New York family law before drafting and/or signing one of these documents.

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