One of the most important factors of having an enforceable premarital contract is ensuring the terms are fair. However, many Virginia adults may be unfamiliar with contract drafting, and most may be unsure of how they can determine if their prenuptial agreement is unfair. By understanding common red flags to look for in these types of agreements, it will be easier to identify a potentially unfair agreement and avoid signing it.
Common red flags
The terms of a prenuptial agreement will come under scrutiny in the event there is a dispute over the contract during a divorce. If the court determines there are problems with the contract, it may determine part or all of it is invalid. Common red flags to look for when reviewing the terms of these agreements include:
- There is not enough time to properly read and review terms.
- There is no opportunity to ask questions or offer input in the terms.
- The language used in the agreement is very vague.
- The words spoken by the spouse do not align with the terms of the agreement.
A spouse has the right to challenge the terms of an unfair agreement or one that exposes him or her to unreasonable risks.
Drafting a strong agreement
The terms of a prenuptial agreement can have a long-term impact on a Virginia spouse’s future. It may be helpful to work with an attorney experienced in these matters in order to determine how to create an agreement that is fair and enforceable. A legal ally can also review a contract before signing to prevent problems in the future.