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The top 5 reasons a premarital agreement may fail

If you and your spouse decide to use a premarital agreement, you likely want to set up some guidelines in case there is a divorce. These agreements often note who gets to keep certain pieces of property, for instance, or what type of spousal support will be given. However, there are many reasons these agreements can be invalidated, and you should know about them before creating yours.

First of all, the agreement could be invalid if you don't write it down. A handshake and a spoken agreement are not enough.

Additionally, the agreement does have to be in place and signed in advance. You cannot write one up after you are already married.

The agreement also does not count if your spouse made you sign it or pressured you into it. This has to be something that is done willingly, not under duress.

Furthermore, both parties have to read the agreement and sign off on it. If you never read it and your spouse just told you to sign it anyway -- it may not count. You cannot agree to something without knowing what it is. This is often combined with the above, where one spouse pressures the other into signing an unread document.

Finally, certain parts of it could be invalid if they're not allowed by law. For example, you cannot put in anything having to do with future child support payments, as these will need to be determined by a judge. The agreement can't alter the amount paid or let one party off without paying support.

To learn more about how these premarital agreements work and how to use them in Arkansas, take a look at our page now.

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