Prenuptial agreements can be a smart way for couples to identify their separate assets and clarify their financial standing before tying the knot. When drafted fairly, a prenup supports transparency and trust.
However, some prenuptial agreements could be created with ulterior motives. If your spouse pressures you to sign something that heavily favors them, you may enter into a legally binding contract that compromises your rights. Comprehending the telltale signs of an unfair prenuptial agreement is elemental before signing the contract.
1. You were pressured to sign quickly
One of the biggest red flags is feeling rushed into signing the agreement. If your spouse is insisting you sign a prenup right before the wedding without giving you time to review it, that’s a warning sign. Prenuptial agreements should be reviewed well in advance of the wedding date.
You should also be given time to enlist legal guidance to help ensure you fully comprehend the interpretation of the contract in its entirety. If you’re being pressured to sign without understanding the contents or implications, it could be considered coercion, which may render the agreement invalid in court.
2. You weren’t given independent legal support
A fair prenup requires that both parties understand their rights and obligations. If your spouse hands you a pre-drafted agreement without suggesting you get independent legal support, proceed with caution.
Even if you trust your partner, a prenuptial agreement is a legal document with long-term consequences. Having your own legal support helps ensure that you’re entering the agreement knowingly and voluntarily.
3. The agreement heavily favors one party
The courts will likely scrutinize a prenup that gives one spouse everything and leaves the other with little to nothing. While prenups can—and often do—favor the wealthier partner to some degree, there should still be provisions for fairness and equity.
Watch out for terms that waive spousal support entirely, especially if you’ll be stepping away from a career to raise children or support the household. Agreements that drastically limit your rights or exclude you from sharing assets accumulated during the marriage are suspect.
You’re not supposed to sign your prenuptial agreement under pressure or without a complete understanding of your rights. If any of the telltale signs above resonate with your situation, take a step back and seek legal feedback. A fair prenup is built on mutual respect and full disclosure—not manipulation or imbalance.