South Jordan, Utah, is a rapidly growing city known for its family-friendly neighborhoods and the scenic Daybreak community. With roots dating back to mid-1800s Mormon settlements, it blends pioneer heritage with modern suburban living. The city boasts strong schools, recreational amenities, and a thriving local economy fueled by retail, healthcare, and professional services.
For couples in South Jordan looking to protect their financial future, consulting professionals — especially firms such as RCG Law Group and their team of South Jordan prenuptial agreement lawyers— can make all the difference. A prenuptial agreement can provide clarity and security, but only if it’s done thoughtfully. Unfortunately, many people make avoidable mistakes that weaken or even invalidate their prenup.
1. Waiting Too Late or Signing Under Pressure
One of the biggest mistakes couples make is waiting until the last minute — often right before the wedding — to draft or sign their prenup.
When there’s little time between final draft and wedding day, courts may view the agreement as signed under duress or without adequate reflection. This can jeopardize enforceability or lead to the agreement being overturned down the line.
2. Failing to Fully Disclose Financial Picture
A major foundation for a valid prenup is transparency. Both partners must fully disclose assets, debts, income sources, investments — everything.
If one partner hides or omits financial information, it can amount to misrepresentation and lead the entire agreement to be invalidated in court.
3. Including Unenforceable or Unfair Provisions
Not all requests or clauses are legally valid or enforceable. For example, you cannot pre-determine child custody, child support, or visitation rights in a prenup — courts decide those based on the best interests of the child at the time of divorce.
Further, if a prenup is heavily one-sided — granting almost all benefits to one spouse and little to the other — a court may consider the agreement “unconscionable” and refuse to enforce it.
4. Using Vague, Ambiguous, or Overly Broad Language
Legal agreements require clarity. Some couples make the mistake of using vague terms like “fair,” “reasonable,” or “adequate” — without defining what those mean.
Without precise language, the agreement may be open to different interpretations, which can cause conflicts or lead a court to discard parts of the document.
5. Skipping Independent Legal Advice and Using DIY Templates
Many people assume a prenup is just a formality — and try to download a template or draft it themselves. That’s risky. Without expert legal guidance, it’s easy to overlook crucial requirements or include problematic clauses.
Courts often look for evidence that both parties understood the agreement and entered it voluntarily. Having each partner represented by independent counsel strengthens the legality and fairness of the prenup.
How to Avoid These Mistakes — and Make the Prenup Work
- Start early & allow time for negotiations — Don’t wait until the wedding rush. Begin discussions well in advance.
- Be fully transparent — List all assets, debts, income, investments, and other financial details.
- Keep it fair — Avoid clauses that favor one spouse unfairly; make sure the agreement could stand scrutiny under a court’s fairness test.
- Use clear, specific language — Define terms unambiguously; avoid vague words that invite interpretation.
- Get independent legal help — Each partner should have separate legal counsel to review the agreement and ensure it meets legal standards.
Final Thoughts
A prenuptial agreement can be a valuable tool for couples seeking to protect their financial future — but only when done right. Mistakes like late signing, poor disclosure, one-sided terms, vague language, or DIY drafting can all undermine its effectiveness.
If you’re contemplating a prenup, getting professional advice from experienced attorneys — such as at RCG Law Group — can help ensure your agreement is fair, valid, and enforceable. A little thoughtful preparation now can save a lot of stress later.
Key Takeaways
- Signing a prenup at the last minute can lead to claims of duress and may invalidate the agreement.
- Full financial disclosure by both parties is essential to ensure the agreement is enforceable.
- Prenups cannot include clauses about child custody or child support, and overly one-sided terms may be rejected by courts.
- Vague or ambiguous language can create conflicts and risk parts of the agreement being unenforceable.
- Independent legal representation for each spouse is crucial to protect rights and strengthen the agreement’s validity.
