By Robin Roshkind, Esquire, West Palm Beach, Florida
Pre nuptial agreements plan for the future…the future of the spouse with the assets, AND the future of the spouse with less assets.
It is a legal, enforceable contract between two people who are getting married. It sets forth terms of the marriage, terms of any potential divorce, and terms should one or the other spouse die. However, it is important to remember that even though a pre nuptial agreement may have death provisions for the surviving spouse, it is not a testamentary document. It must be accompanied by testamentary documents such as a will or a trust.
So why video tape the actual signing of the pre nup? For protection against the various reasons a pre nuptial agreement can be declared invalid down the road.
Here are the obvious reasons for taping the signing of the pro nuptial agreement:
1. If there is a difference in nationality between the future husband and the wife, to be certain there is no language barriers and that the parties fully understand what the agreement says and what they are agreeing to.
2. To avoid any misunderstandings or misinterpretations of what the agreement says. For clarity purposes.
3. To be certain both parties are agreeing voluntarily and without pressure from the other.
4. To be certain there if full disclosure of finances.
5. To avoid fraudulent behavior, information or facts.
6. To prevent duress, over reaching, or egregious claims years later.
By both the verbal and non verbal clues on the video tape, the prenuptial agreement becomes more enforceable should there be a future challenge by either party. To find out more about prenuptial agreements, click on the Robin Roshkind, P.A. website at www.familylawwpb.com or consult with one of the attorneys at the Firm by calling 561-835-9091.