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How to make sure your prenup will hold up in court

Many people in Pennsylvania have heard stories of prenups getting tossed out because they were too outrageous. Even if you have good intentions about your prenuptial agreement, however, there are some easy-to-make mistakes that can leave you out of luck should you choose to get divorced.

The first is not having separate attorneys read the agreement. Each soon-to-be spouse should have his or her own attorney look things over. This ensures that you are both aware of the implications of signing the prenup. If you get to divorce court and you only had one attorney, or none, read over the agreement, it will likely be thrown out.

Next, a prenup cannot overly favor one spouse. The court uses the term unconscionable. If a prenup is so shockingly in favor of one spouse, it probably won't fly, so make sure to keep things fair when hashing things out.

Finally, do not wait until the last minute to sign your prenuptial agreement. If a family law judge sees that you signed your prenup the day of your wedding, one spouse could easily argue that he or she was forced to sign it. A safe bet is to have everything in order and signed by three months before your wedding day.

In general, prenups need to be fair. Hiding assets, including unenforceable provisions or failing to have everything signed and in writing can invalidate a prenup. If you are going to take the time to draw up a prenuptial agreement, it is important to make sure it will hold up in court.

Source: Huffington Post, "10 Common Prenup Pitfalls," David Centeno, Nov. 4, 2013

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