February 21, 2025 • 16 mins
This episode identifies key red flags in prenuptial agreements, including rushed signing, lack of legal representation, vague terms, illegal provisions, and unfair terms favoring one spouse. It stresses the importance of fairness, clarity, and mutual legal review to ensure enforceability.
This episode is based on an article titled: Red Flags in a Prenuptial Agreement To learn more about our Tulsa divorce lawyers or to schedule a consultation, call 855-805-0595.
Become a supporter of this podcast: https://www.spreaker.com/podcast/family-law-talk--6410781/support.
This episode is based on an article titled: Red Flags in a Prenuptial Agreement To learn more about our Tulsa divorce lawyers or to schedule a consultation, call 855-805-0595.
Become a supporter of this podcast: https://www.spreaker.com/podcast/family-law-talk--6410781/support.
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Transcript
Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:01):
Welcome to Family Law Talk. Family Law Talk presented by
Kirk Stangy of Stangy Law Firm PC. Stangy Law Firm
is a multi state family law firm. Now here's your host,
Kirk Stangy.
Speaker 2 (00:18):
Welcome to Family Law Talk. We have an interesting topic today.
The topic is prenuptial agreement pitfalls and this episode today
is based on an article on our blog, Tulsa Divorce
lawyersblog dot com dated July three, twenty twenty four, and
the title of that article is red Flags and a
(00:38):
prenuptial Agreement. So, as a follow up to the episode today,
going over to that blog and read this article for
more information on this topic. Obviously, more and more individuals
are interested in prenuptial agreements in this day and age.
Some folks even come in and they are already married
and they want a post optial agreement. And the idea
(00:59):
behind these agreements is that in the instance of a divorce,
they'll be protection, the divorce will be easier, it'll be simplified, hopefully,
it'll take less time, cost less money and attorney fees.
And individuals coming in to let's say a second marriage
or a third marriage, something like this a prenuptial agreement
(01:20):
can be a great thing because it can protect the
assets that they brought into the marriage itself and then
maybe deal prospectively with some of the issues that might
be out there if a divorce were to occur, you know.
The flip end. There are obviously lots of individuals who
are still not, you know, really excited about the idea
of a prenuptial agreement. That can seem a little bit
(01:42):
unromantic to some. Some might feel like this is a
forecast that the marriage isn't going to work, and if
we're going to be in this and being it together,
why do we need a prenuptial agreement. But that said,
lots of individuals want these. They're becoming more and more popular.
But there are some pitfall. There are some red flags
that people have to know if they're interested in getting
(02:05):
a prenuptial agreement. And this is what we want to
talk about today in this episode. So the listeners can
hopefully get legal counsel who's competent and to practice law
in their jurisdiction, experienced in drafting prenupsial agreements, and then
the hope is that these kinds of issues can be avoided. Okay,
(02:26):
problem number one one of the most biggest, one of
the most common problems with prenuptial agreements or the rush
or the last man in agreements. So individuals decide to
get married and then maybe they come to lawyers to
get a print up, but it's a short time before
the marriage itself. That's troublesome sometimes individuals. Again, it could
(02:48):
be a deal where the engagement isn't very long, so
they don't have a lot of time out of the gates.
But in some instances, individuals might have been engaged a
long time and they just kind of sat on this.
They didn't understand the urgency to get this done and
make it happen. So listeners need to understand that there
can be reasons prenuptial agreements can be set aside or
(03:11):
not enforced by a court. And some of these reasons
are duress, which is one party is under a tremendous
amount of pressure to sign this coercion which kind of
goes with duress, but it's one party is putting a
whole lot of pressure on the other person, and so
duress and coercion can be proven at times through a
(03:32):
rushed process where a party says to the other, look,
I know we're not to get married, and you'd say two, three,
four weeks, but you got to sign this print up
and we're not getting married. This kind of thing. And
of course coercion of duress could take place in other ways.
But the closer you get to a wedding date where
parties begin the process of trying to get a prenuptial
(03:54):
agreement put together, the worse this is. And you know,
lots of prent optial agreements will be set aside for
the coersion in the duress principles, but the timing can
be a big key in a judge determining whether either
of those two things have taken place, all right, So
better to do a prenuptial agreement as far away from
(04:15):
the wedding date as possible, So you can't you know,
nobody can give you any definitive time frames like X
number of days is okay, but is a general rule
further away from the wedding date the better. Obviously, individuals
might hear this and they're like, wow, well I don't
have a whole lot of time. Now, we can't push
back the wedding, So they still do the prent up
(04:36):
and go forward with the wedding. But they just have
to understand the legal risks that are there. If it's
you know, that print up assigned very close to the
wedding date, all right, issue too is no legal representation.
In order for prenuptial agreement to be enforced, both parties
should really have independent legal counsel, right, so they each
need their own lawyer. The lawyers cannot work in the
(04:57):
same firm and be independent. And both parties need to
be advised thoroughly about the provisions and the print up,
the clauses, the pros, the cons these kinds of things.
And if both parties have a lawyer, that makes these
agreements a heck of a lot more enforceable. But if
both parties don't have a lawyer, that's not good. If
(05:19):
one party doesn't have a lawyer, that's not good either.
Both parties really need to get legal counsel and a lawyer.
And even if it's a situation where somebody hires a
lawyer and that lawyer takes you know, a short period
of time to read it and go through the pros
and the cons with the individual, that can suffice. But
either party not having a lawyer is not good, all right.
(05:42):
Vague provisions can be a problem. There's lots of forms
out there, form prenupsal agreements, these kinds of things. People
want to pull them and use them, and there could
be some geneer clauses in there. Individuals just need to
be careful. The provisions in a print up need to
be clear on its face. They need to be carefully drafted.
(06:04):
There shouldn't be ambiguities in there. There shouldn't be stuff
that's up to a lot of judicial interpretation. And so
having a lawyer draft a prent up in a way
that's specific, that's clear, that's detailed, is a good thing.
In Vague provisions, on the other hand, are definitely red
(06:24):
flags or pitfalls and things obviously to avoid, all right.
Problem for is impossible or immoral provisions. So sometimes in
prenuptial agreements, you know, unusual clauses might be put in there,
clauses that try to dictate too much day to day life.
(06:45):
There could be provisions in there that are deemed to
be unconscionable or may be illegal. These kinds of things
can all be problematic. So you know, in short, you know,
sometimes individuals can overreach, and these prenuptial agreements put clauses
in that are moral that really try to govern day
(07:06):
to day life in a marriage, which isn't a good thing.
And maybe some of the clauses might even be impossible.
And you know, the more stuff that's like this at
a prenuptial agreement, the greater the chance that can be
set aside. So this is something to be very careful
with and make sure lawyers aren't overreaching in terms of
(07:28):
the clauses in a prenuptial agreement. All right, Problem five
is more protection for one spouse, So prenuptial agreements really
need to be balanced. In other words, both parties need
to gain something from the prenuptial agreement in some way.
So if the prenuptial agreements written in a way, well,
once one spouse would be walking away with you know,
(07:51):
a great deal, maybe almost all the assets, and the
other spouse isn't getting much. Anything that can be that
could be really problematic and could result in a prenuptial
agreement to be found to be unconscionable. And if it's unconscionable,
then a court might not enforce it. So it's important
that there'll be a give and take, that the prenuptial
(08:13):
agreement result in some way of both individuals benefiting through
the agreement itself, and that it not be too one
sided where a judge thinks, wow, one person really really
came away great and the other party to this marriage
is coming away with nothing significant, nothing tangible. That's a problem, okay,
(08:35):
And so these prenuptial agreements need to be balanced and
people need to be a little bit more generous than
maybe they were thinking out of the gates to make
sure that when a judges reviewing the prenuptial agreement, they
see that both parties are gaining in some way. All right,
So other questions out there. What is considered unconscionable in
a prenuptial agreement. This is tough because this is really
(08:58):
in the eyes of a judge, and a judge would
have to make this determination. So if there's a prenup
and the divorce is filed, that prent up has got
to be filed with the court and then the judge
is going to review it. And again, if there's outrageous
clauses in terms of morality, or there's clauses that have
(09:19):
impossible clauses for people to meet, or more protections are
there for one spouse and the other. In other words,
one spouse again is walking away with a great deal
and the other spouse has a terrible deal. I mean,
the more that's out there, the more likely it could
be deemed unconscionable. So it's not a deal where anybody
(09:39):
can give you cut and dry rules. It's kind of
a judge saying I know it when I see it,
and this prene up doesn't look fair. Okay, so unconsionable fair,
you know. I mean all these terms can make lawyers
a little bit uncomfortable because it's you know, it's a
balancing test, if you will. But it's important that these
(10:00):
prenups be written in a way that's two sided, that
both parties gain in some way. All right, what constitutes
duress in a prenupsial agreement? Well I covered this a
little bit a little bit more before, but again, closer
to the wedding date, the more likely a court could
think that there's duress. I mean if one party saying
(10:22):
things like, well you need to sign this or we're
not going to get married, and this is kind of
throwing on another person at the last second. That kind
of thing, I mean that could definitely be definitely be
a bad, bad thing that could result in duress. I
mean duress. You're thinking pressure, You're thinking one person's really
leaning on the other person, and that the one party
(10:43):
doesn't even really want to sign this, doesn't want to
do this, but they're getting pressured. Right, there's duress, There's threats,
these kinds of things. I mean, the more facts out
there like that, the more likely a prenup could be
set aside for duress. All right. In terms of what
cannot be in looted in a prenuptial agreement, this is
question lots of individuals have. The big one is you
(11:07):
can't have any clauses in a prenuptial agreement that deal
with child custody, child support, or any of these kinds
of issues. I mean, when you think about it, I mean,
you can't deal with custy of kids that haven't been
born yet, child support for kids that aren't born yet.
Parties financial states could be very different the years, you know,
many years down the road after marriage, So you can't
(11:29):
put anything in about child custy or child support. That's
stuff that cannot be put in a prenuptial agreement, the
alimony or spousal maintenance issues and other big issue. Look
in some circumstances, and I'd say a lot of circumstances,
parties can put clauses in that where both parties are
waiving maintenance or one party's waving maintenance or something like that.
(11:53):
But look, in some states it could be problematic, and
it could be problematic theoretically based on other provisions of
the prenupsial agreement itself. So look, these clauses can be
common in prenupsial agreements, and oftentimes they are enforceable, and
in some jurisdictions they're enforceable way more often, but there
are some jurisdictions where it's just not one hundred percent
(12:15):
a right. So individuals need to know that that, you know,
there's some ambiguity there in some states in terms of
the enforceability of these kinds of clauses. All right, other
things that would be you know, problematic at a prenuptial agreement,
and let me give you a few more, would be
(12:36):
non financial personal preferences that a spouse must adhere to. Right,
So these kind of morality clauses. Again, the clauses that
govern the day to day living of a married couple,
like these kinds of clauses. You know, you hear some
weird stories about celebrities putting these clauses and prenupsial agreements
in these kinds of things. And again, some states or
(12:57):
judges might have more willingness tend force these clauses, but
as a whole, these are pitfalls or red flags, and
in most instances the kind of stuff to avoid, all right,
any kind of clause that requires a spouse to agree
to or allow a legal behavior that shouldn't be in
a prenuptial agreement, and any kind of clause that encourages divorce.
(13:18):
So if there's clauses in there that really encourage divorce
that shouldn't be in there, and that you know would
be would be troublesome if it was all right, all right.
You know, Typically, again what you're trying to deal with
in a prenuptial agreement is the financial matters and the
financial disposition in terms of the marital property and debt,
(13:40):
and that kind of stuff is okay, but when you
start delving too far out of that, it can be problematic,
all right. So the final question is our prent ups enforceable. Again,
prent ups are generally enforceable if they follow contract and
marital agreement guidelines, and so it's important that it abides
by case law and in your jurisdiction and do some
(14:04):
uniform premertal agreement acts. And I mean they generally need
to be drafted in conformity with those acts. And again,
farther away from the wedding date, both parties have a lawyer,
no duress, no cores. And another big key is parties
have to fully disclose their financial affairs, so full disclosure
(14:26):
of finances and debts. You know, if all this stuff
is taking place in the prentup doesn't overreach or a
post up doesn't overreach, I mean, it's generally going to
be enforceable. But it's these pitfalls, these red flags, they
create problems, and these are the kinds of things it's
important to know about if you're going to be seeing
a lawyer to have a prenuptial agreement or post optial
(14:47):
agreement drafted. Avoiding these pitfalls or red flags are going
to increase the chances of enforceability. All right, Well, definitely
an interesting topic. Again is a follow up to the
episode today, going over to Tulsa Divorced Layers dot com
and read the article titled red Flags and a Prenuptial Agreement.
It'll give you more information on this topic. But thanks
for tuning in today. Stay tuned our next episode of
(15:10):
Family Law Talk coming up. Thank you very much.
Speaker 1 (15:13):
Thank you for listening to Family Law Talk with Kirk Stangy.
Is it Stangy Lawfirm dot com for more about today's
topic or to put Stangy Law Firm to work for
your family today. The choice of a lawyer is an
important decision and should not be based solely on advertisements.
Either the Supreme Court of Missouri or Illinois reviews or
approve certifying organizations or specialist designations. The information you obtained
(15:37):
in this podcast is not, nor is it intended to
be legal advice. You should consult an attorney for advice
regarding your individual situation. We invite you to contact us
and welcome your calls, letters, and electronic mail. Contacting us
does not create an attorney client relationship. Please do not
send any confidential information to us until such time as
an attorney client relationship has been established. As the results
(15:58):
afford no guarantee of fear future results. In every case
is different and must be judged on its own narrits.
Kirkstangy is responsible for the Content Headquarters Office one twenty
South Central Avenue, Sweet four fifty, Clayton, Missouri six three
one oh five. Kirk Stangy is licensed in Missouri, Illinois,
and Kansas
Welcome to Family Law Talk. Family Law Talk presented by
Kirk Stangy of Stangy Law Firm PC. Stangy Law Firm
is a multi state family law firm. Now here's your host,
Kirk Stangy.
Speaker 2 (00:18):
Welcome to Family Law Talk. We have an interesting topic today.
The topic is prenuptial agreement pitfalls and this episode today
is based on an article on our blog, Tulsa Divorce
lawyersblog dot com dated July three, twenty twenty four, and
the title of that article is red Flags and a
(00:38):
prenuptial Agreement. So, as a follow up to the episode today,
going over to that blog and read this article for
more information on this topic. Obviously, more and more individuals
are interested in prenuptial agreements in this day and age.
Some folks even come in and they are already married
and they want a post optial agreement. And the idea
(00:59):
behind these agreements is that in the instance of a divorce,
they'll be protection, the divorce will be easier, it'll be simplified, hopefully,
it'll take less time, cost less money and attorney fees.
And individuals coming in to let's say a second marriage
or a third marriage, something like this a prenuptial agreement
(01:20):
can be a great thing because it can protect the
assets that they brought into the marriage itself and then
maybe deal prospectively with some of the issues that might
be out there if a divorce were to occur, you know.
The flip end. There are obviously lots of individuals who
are still not, you know, really excited about the idea
of a prenuptial agreement. That can seem a little bit
(01:42):
unromantic to some. Some might feel like this is a
forecast that the marriage isn't going to work, and if
we're going to be in this and being it together,
why do we need a prenuptial agreement. But that said,
lots of individuals want these. They're becoming more and more popular.
But there are some pitfall. There are some red flags
that people have to know if they're interested in getting
(02:05):
a prenuptial agreement. And this is what we want to
talk about today in this episode. So the listeners can
hopefully get legal counsel who's competent and to practice law
in their jurisdiction, experienced in drafting prenupsial agreements, and then
the hope is that these kinds of issues can be avoided. Okay,
(02:26):
problem number one one of the most biggest, one of
the most common problems with prenuptial agreements or the rush
or the last man in agreements. So individuals decide to
get married and then maybe they come to lawyers to
get a print up, but it's a short time before
the marriage itself. That's troublesome sometimes individuals. Again, it could
(02:48):
be a deal where the engagement isn't very long, so
they don't have a lot of time out of the gates.
But in some instances, individuals might have been engaged a
long time and they just kind of sat on this.
They didn't understand the urgency to get this done and
make it happen. So listeners need to understand that there
can be reasons prenuptial agreements can be set aside or
(03:11):
not enforced by a court. And some of these reasons
are duress, which is one party is under a tremendous
amount of pressure to sign this coercion which kind of
goes with duress, but it's one party is putting a
whole lot of pressure on the other person, and so
duress and coercion can be proven at times through a
(03:32):
rushed process where a party says to the other, look,
I know we're not to get married, and you'd say two, three,
four weeks, but you got to sign this print up
and we're not getting married. This kind of thing. And
of course coercion of duress could take place in other ways.
But the closer you get to a wedding date where
parties begin the process of trying to get a prenuptial
(03:54):
agreement put together, the worse this is. And you know,
lots of prent optial agreements will be set aside for
the coersion in the duress principles, but the timing can
be a big key in a judge determining whether either
of those two things have taken place, all right, So
better to do a prenuptial agreement as far away from
(04:15):
the wedding date as possible, So you can't you know,
nobody can give you any definitive time frames like X
number of days is okay, but is a general rule
further away from the wedding date the better. Obviously, individuals
might hear this and they're like, wow, well I don't
have a whole lot of time. Now, we can't push
back the wedding, So they still do the prent up
(04:36):
and go forward with the wedding. But they just have
to understand the legal risks that are there. If it's
you know, that print up assigned very close to the
wedding date, all right, issue too is no legal representation.
In order for prenuptial agreement to be enforced, both parties
should really have independent legal counsel, right, so they each
need their own lawyer. The lawyers cannot work in the
(04:57):
same firm and be independent. And both parties need to
be advised thoroughly about the provisions and the print up,
the clauses, the pros, the cons these kinds of things.
And if both parties have a lawyer, that makes these
agreements a heck of a lot more enforceable. But if
both parties don't have a lawyer, that's not good. If
(05:19):
one party doesn't have a lawyer, that's not good either.
Both parties really need to get legal counsel and a lawyer.
And even if it's a situation where somebody hires a
lawyer and that lawyer takes you know, a short period
of time to read it and go through the pros
and the cons with the individual, that can suffice. But
either party not having a lawyer is not good, all right.
(05:42):
Vague provisions can be a problem. There's lots of forms
out there, form prenupsal agreements, these kinds of things. People
want to pull them and use them, and there could
be some geneer clauses in there. Individuals just need to
be careful. The provisions in a print up need to
be clear on its face. They need to be carefully drafted.
(06:04):
There shouldn't be ambiguities in there. There shouldn't be stuff
that's up to a lot of judicial interpretation. And so
having a lawyer draft a prent up in a way
that's specific, that's clear, that's detailed, is a good thing.
In Vague provisions, on the other hand, are definitely red
(06:24):
flags or pitfalls and things obviously to avoid, all right.
Problem for is impossible or immoral provisions. So sometimes in
prenuptial agreements, you know, unusual clauses might be put in there,
clauses that try to dictate too much day to day life.
(06:45):
There could be provisions in there that are deemed to
be unconscionable or may be illegal. These kinds of things
can all be problematic. So you know, in short, you know,
sometimes individuals can overreach, and these prenuptial agreements put clauses
in that are moral that really try to govern day
(07:06):
to day life in a marriage, which isn't a good thing.
And maybe some of the clauses might even be impossible.
And you know, the more stuff that's like this at
a prenuptial agreement, the greater the chance that can be
set aside. So this is something to be very careful
with and make sure lawyers aren't overreaching in terms of
(07:28):
the clauses in a prenuptial agreement. All right, Problem five
is more protection for one spouse, So prenuptial agreements really
need to be balanced. In other words, both parties need
to gain something from the prenuptial agreement in some way.
So if the prenuptial agreements written in a way, well,
once one spouse would be walking away with you know,
(07:51):
a great deal, maybe almost all the assets, and the
other spouse isn't getting much. Anything that can be that
could be really problematic and could result in a prenuptial
agreement to be found to be unconscionable. And if it's unconscionable,
then a court might not enforce it. So it's important
that there'll be a give and take, that the prenuptial
(08:13):
agreement result in some way of both individuals benefiting through
the agreement itself, and that it not be too one
sided where a judge thinks, wow, one person really really
came away great and the other party to this marriage
is coming away with nothing significant, nothing tangible. That's a problem, okay,
(08:35):
And so these prenuptial agreements need to be balanced and
people need to be a little bit more generous than
maybe they were thinking out of the gates to make
sure that when a judges reviewing the prenuptial agreement, they
see that both parties are gaining in some way. All right,
So other questions out there. What is considered unconscionable in
a prenuptial agreement. This is tough because this is really
(08:58):
in the eyes of a judge, and a judge would
have to make this determination. So if there's a prenup
and the divorce is filed, that prent up has got
to be filed with the court and then the judge
is going to review it. And again, if there's outrageous
clauses in terms of morality, or there's clauses that have
(09:19):
impossible clauses for people to meet, or more protections are
there for one spouse and the other. In other words,
one spouse again is walking away with a great deal
and the other spouse has a terrible deal. I mean,
the more that's out there, the more likely it could
be deemed unconscionable. So it's not a deal where anybody
(09:39):
can give you cut and dry rules. It's kind of
a judge saying I know it when I see it,
and this prene up doesn't look fair. Okay, so unconsionable fair,
you know. I mean all these terms can make lawyers
a little bit uncomfortable because it's you know, it's a
balancing test, if you will. But it's important that these
(10:00):
prenups be written in a way that's two sided, that
both parties gain in some way. All right, what constitutes
duress in a prenupsial agreement? Well I covered this a
little bit a little bit more before, but again, closer
to the wedding date, the more likely a court could
think that there's duress. I mean if one party saying
(10:22):
things like, well you need to sign this or we're
not going to get married, and this is kind of
throwing on another person at the last second. That kind
of thing, I mean that could definitely be definitely be
a bad, bad thing that could result in duress. I
mean duress. You're thinking pressure, You're thinking one person's really
leaning on the other person, and that the one party
(10:43):
doesn't even really want to sign this, doesn't want to
do this, but they're getting pressured. Right, there's duress, There's threats,
these kinds of things. I mean, the more facts out
there like that, the more likely a prenup could be
set aside for duress. All right. In terms of what
cannot be in looted in a prenuptial agreement, this is
question lots of individuals have. The big one is you
(11:07):
can't have any clauses in a prenuptial agreement that deal
with child custody, child support, or any of these kinds
of issues. I mean, when you think about it, I mean,
you can't deal with custy of kids that haven't been
born yet, child support for kids that aren't born yet.
Parties financial states could be very different the years, you know,
many years down the road after marriage, So you can't
(11:29):
put anything in about child custy or child support. That's
stuff that cannot be put in a prenuptial agreement, the
alimony or spousal maintenance issues and other big issue. Look
in some circumstances, and I'd say a lot of circumstances,
parties can put clauses in that where both parties are
waiving maintenance or one party's waving maintenance or something like that.
(11:53):
But look, in some states it could be problematic, and
it could be problematic theoretically based on other provisions of
the prenupsial agreement itself. So look, these clauses can be
common in prenupsial agreements, and oftentimes they are enforceable, and
in some jurisdictions they're enforceable way more often, but there
are some jurisdictions where it's just not one hundred percent
(12:15):
a right. So individuals need to know that that, you know,
there's some ambiguity there in some states in terms of
the enforceability of these kinds of clauses. All right, other
things that would be you know, problematic at a prenuptial agreement,
and let me give you a few more, would be
(12:36):
non financial personal preferences that a spouse must adhere to. Right,
So these kind of morality clauses. Again, the clauses that
govern the day to day living of a married couple,
like these kinds of clauses. You know, you hear some
weird stories about celebrities putting these clauses and prenupsial agreements
in these kinds of things. And again, some states or
(12:57):
judges might have more willingness tend force these clauses, but
as a whole, these are pitfalls or red flags, and
in most instances the kind of stuff to avoid, all right,
any kind of clause that requires a spouse to agree
to or allow a legal behavior that shouldn't be in
a prenuptial agreement, and any kind of clause that encourages divorce.
(13:18):
So if there's clauses in there that really encourage divorce
that shouldn't be in there, and that you know would
be would be troublesome if it was all right, all right.
You know, Typically, again what you're trying to deal with
in a prenuptial agreement is the financial matters and the
financial disposition in terms of the marital property and debt,
(13:40):
and that kind of stuff is okay, but when you
start delving too far out of that, it can be problematic,
all right. So the final question is our prent ups enforceable. Again,
prent ups are generally enforceable if they follow contract and
marital agreement guidelines, and so it's important that it abides
by case law and in your jurisdiction and do some
(14:04):
uniform premertal agreement acts. And I mean they generally need
to be drafted in conformity with those acts. And again,
farther away from the wedding date, both parties have a lawyer,
no duress, no cores. And another big key is parties
have to fully disclose their financial affairs, so full disclosure
(14:26):
of finances and debts. You know, if all this stuff
is taking place in the prentup doesn't overreach or a
post up doesn't overreach, I mean, it's generally going to
be enforceable. But it's these pitfalls, these red flags, they
create problems, and these are the kinds of things it's
important to know about if you're going to be seeing
a lawyer to have a prenuptial agreement or post optial
(14:47):
agreement drafted. Avoiding these pitfalls or red flags are going
to increase the chances of enforceability. All right, Well, definitely
an interesting topic. Again is a follow up to the
episode today, going over to Tulsa Divorced Layers dot com
and read the article titled red Flags and a Prenuptial Agreement.
It'll give you more information on this topic. But thanks
for tuning in today. Stay tuned our next episode of
(15:10):
Family Law Talk coming up. Thank you very much.
Speaker 1 (15:13):
Thank you for listening to Family Law Talk with Kirk Stangy.
Is it Stangy Lawfirm dot com for more about today's
topic or to put Stangy Law Firm to work for
your family today. The choice of a lawyer is an
important decision and should not be based solely on advertisements.
Either the Supreme Court of Missouri or Illinois reviews or
approve certifying organizations or specialist designations. The information you obtained
(15:37):
in this podcast is not, nor is it intended to
be legal advice. You should consult an attorney for advice
regarding your individual situation. We invite you to contact us
and welcome your calls, letters, and electronic mail. Contacting us
does not create an attorney client relationship. Please do not
send any confidential information to us until such time as
an attorney client relationship has been established. As the results
(15:58):
afford no guarantee of fear future results. In every case
is different and must be judged on its own narrits.
Kirkstangy is responsible for the Content Headquarters Office one twenty
South Central Avenue, Sweet four fifty, Clayton, Missouri six three
one oh five. Kirk Stangy is licensed in Missouri, Illinois,
and Kansas
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