Drafting a Prenuptial Agreement the Right Way
A question often asked by couples worrying about finances is, “does a lawyer prepare and review prenups and premarital agreements?” The answer is that a lawyer is the only professional who should prepare these types of agreements. In legal terms, a prenuptial agreement and a premarital agreement are considered the same thing. This document is a legally enforceable contract that otherwise alters the rights you may otherwise have under existing statutory or case law. As with any legal contract, it’s important there are no loopholes or missed information when it’s being drafted. An experienced family law lawyer can assist you through this process. It’s imperative that a lawyer is involved when creating your specific agreement because you are giving up certain legal rights that otherwise exist under the law.
What Kind of Attorney Handles Prenups?
A prenup lawyer can be found in legal firms that specialize in family law. When choosing an attorney, it’s important to choose one that has substantial expertise in family law. A premarital agreement that was incorrectly prepared or contains mistakes, may be voided by the court when it comes time to take effect. In order to avoid this costly problem, seek legal guidance before drafting the agreement and certainly before signing the agreement.
When Can a Prenup Be Voided?
In Oregon, a premarital agreement is a legally enforceable document that can very difficult to reverse as long as they were entered into voluntarily and other criteria are met. While prenups are recognized in court, they are not always 100% perfect. An agreement that is entirely one-sided or has unlawful demands may not be honored in court. Keep in mind that if the validity of your prenup is contested, you’ll have the burden of proofing it is legitimate. If you did not have a family law attorney assist in the preparation of the document, neither party of only one party had legal counsel or all necessary disclosures were not made, among other things, then you may not be able to have it enforced.