Arranging a wedding is a complicated endeavour to say the least, and it's only natural that in the midst of sending out invitations and arranging reception venues, little thought is given to what should happen if your new marriage does not stand the test of time.

Nobody goes into a wedding assuming that the special bond they are about to create is doomed from the start -- nonetheless, preparing for the worst is something a lot of couples feel is important when arranging a marriage, and seeking the counsel and advice of a law firm specialising in family law is always advisable.

However, creating a pre-nup that will stand up in court is not simply a case of dividing property and liquid assets amongst yourselves, and many pre-nuptial agreements are invalidated in court because of easily avoided mistakes made when drawing up the agreement. As such, both parties should take care to avoid the following common mistakes when stipulating the terms of their pre-nuptial agreement:

Not seeking independent counsel

It is vitally important that both parties seek neutral legal advice before signing a pre-nuptial agreement. Crucially, they must seek their advice from separate lawyers or law firms, as using the same law firm can invalidate an agreement due to conflicts of interest. Seeking independent counsel also helps to ensure that a pre-nuptial agreement cannot be signed under duress, a key pitfall encountered in many divorce cases.

Leaving it until the last minute

Ideally a pre-nuptial agreement should be drawn up several months before the wedding takes place, but at the very least you should avoid signing a pre-nup in the last few days and weeks before a wedding. By doing so, either party can argue that they were forced to sign the pre-nup to avoid calling off the wedding at the last minute, an argument which can potentially invalidate an entire agreement.

Making provisions for your children

If you and your partner have children, making sure they are well taken care of in the case of a divorce or annulment will probably be at the top of your list of priorities. However, agreements regarding child support payments and other matters relating to your children should be arranged separately by a family law firm, and not as part of the terms of a pre-nuptial agreement. Family law courts deem such arrangements unenforceable, and including them in your pre-nup may weaken or invalidate the rest of the agreement.

Don't make promises you can't keep

Coercing your partner into marriage with a laundry list of promises is a sadly common event, and doing so without the ability to back them up can badly damage your case if you should find yourself in divorce talks. For example, if the pre-nup was signed on the promise that the new couple would have children, only for the marraige to break down before any children are born, the aggrieved party can argue that the entire agreement has been invalidated due to fraud.