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Some prenuptial agreements are well drafted, and others …

On Behalf of | Apr 10, 2018 | Divorce, Firm News

A commentator in a recent Forbes article terms prenuptial agreements as “very worthwhile” for people contemplating their execution.

We reinforce on our Little Rock family law website at Robertson, Oswalt, Nony & Associates much of what that individual and others contributing to the Forbes piece say concerning the utility of marital contracts. We note therein that a prenup can make strong sense for many marriages, including in instances where factors like the following exist:

  •  Material differences in income and/or assets between future spouses
  • Thriving business existing that was established before marriage
  • Adult children from a prior marriage
  • Need to preserve privacy

Prenuptial agreements have served as the ideal legal vehicle to protect wealth and promote additional interests in legions of marriages in Arkansas and nationally. When carefully drafted, a prenup can inject certainty and assurance into a marriage concerning vital financial interests.

The importance of that reference to due care taken in drafting cannot be overstated, given that a prenuptial contract found wanting by a court can be quickly deemed unenforceable. There is this clear admonition relevant to prenups: If you’re going to execute one, do it right.

The Forbes article and our website point similarly to a number of shortcomings that can summarily doom a prenuptial agreement. Those range broadly from language ambiguity and evidence of one party being coerced to a signer’s lack of legal representation and the inclusion of provisions that a court finds to be against public policy.

When done properly, a marital contract can be an invaluable tool for protecting assets and income. Input from an experienced family law attorney who frequently negotiates and drafts such agreements can help ensure that it holds up to judicial scrutiny and promotes its intended aims.


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