If you are looking to get married, one of the best choices you can make for yourself and for your spouse is to execute a prenuptial agreement, which will allow you to both have rights if you ever decide to divorce. One of the best things to do in your marriage is to prepare for the future in any way that you can. Prenuptial agreements are common in many marriages and will help protect your assets, family businesses, and more. But did you know that there are some circumstances that could deem your prenuptial agreement “invalid”? We will discuss them today.
Reasons for an Invalid Prenuptial Agreement
Improper Execution: If the prenup agreement was not properly executed at the time of its creation, then it will not be enforceable. It must be in writing, signed by both parties, and have signatures notarized in many cases.
Not Voluntary: Perhaps if was not voluntarily executed and one of the parties signed it against their will, or was coerced. Parties should also have independent counsel to aid them in their case.
Unconscionable: The prenup was grossly unfair or centered to benefit one party and not the other. Perhaps it contained information that was illegal, such as forcing one party to participate in an illegal act for money.
Irrelevant Information: Maybe both spouses didn’t fully disclose relevant information to one another. In fact, both couples have a right to learn of all financial assets and liabilities from the other party. For a prenup to work, you should always know about all assets within your marriage.
Contains Custody Information: Child custody agreements are not usually permitted in one of these cases, because child custody must be determined in the best interests of the child at another time. In that case, it could be disregarded if it appears in a prenup.
Contains Alimony: Alimony is usually not permitted in a prenup, either.
As you can see, there are many ways that your prenup could be deemed invalid by the court. If you end up in this situation, you may wonder what you can do. Contact an attorney who understands prenup agreements and can get you the best results. We are waiting to hear from you.