Prenuptial agreements are a fantastic tool couples might use to remove many areas of strain from their relationship protect each other from liabilities each party may be bringing into the marriage. That is to say, it is greatly useful when created fairly and properly — but there are a number of ways that a prenuptial agreement may be invalidated if care is not taken in the preparation.
At the most basic level, a prenuptial agreement, or prenup, can be invalidated for being executed poorly, or if the agreement was not in writing. Similarly, if there is incorrect or false information, especially the kind that involves financial disclosures by either party, may invalidate the agreement.
Other kinds of violations that would invalidate a prenup could have to do with how the agreement is entered into by both parties. If one party pressures the other party into signing the document, or doesn’t give the other party enough time to consider the terms, a court may not honor it. Likewise, if one party signs the document without actually reading it or is not granted sufficient counsel before signing, a court may throw it out.
Finally, there are limits to what can be legally agreed to in a prenup. If a judge believes that one party or another has agreed to something significantly outside of his or her interest, that the terms are greatly unfair to either party, it may be unenforceable. Similarly, if some provision or another is not actually lawful, that provision at least will be struck from the document.
A good prenuptial agreement starts with two parties coming together to create a document that honors their relationship and the things that make their union unique and special. If you are ready to create a document that will set your marriage up for success, an experienced attorney can help you get on good footing as you walk into a new season together.
Source: Findlaw, “Top 10 Reasons a Premarital Agreement May be Invalid,” accessed Nov. 30, 2016