Verbal Prenuptial Agreements: Are They Valid?
Prenuptial agreements are legal documents that couples sign before they get married to outline how their assets will be divided in the event of a divorce. But what if the agreement is made verbally instead of in writing? Are verbal prenuptial agreements valid?
The short answer is no. Verbal agreements are not legally binding, and this includes verbal prenuptial agreements. In order for a prenuptial agreement to be valid, it must be in writing and signed by both parties.
Verbal agreements can be difficult to enforce because it can be hard to prove what was agreed upon. Memories can be faulty, and there is no physical evidence of the agreement. This is why written agreements are always preferred, as they provide a clear record of what was agreed to.
Another issue with verbal agreements is that they are not necessarily comprehensive. A written prenuptial agreement can cover a wide range of topics, including property division, spousal support, and even custody arrangements for children. A verbal agreement is likely to be less detailed and could leave out important considerations.
So, while it may be tempting to make a verbal agreement with your partner, it is important to remember that it will not hold up in court. If you are serious about protecting your assets and ensuring a smooth divorce process, it is best to consult with a lawyer and have a written prenuptial agreement drafted.
In conclusion, verbal prenuptial agreements are not valid or enforceable. It is important to have a written agreement in place if you are considering a prenuptial agreement with your partner. Consult with a lawyer to ensure that your agreement is comprehensive and will hold up in court.