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Reasons why a prenuptial agreement can be invalidated

| Aug 16, 2018 | Prenuptial Agreements |

Previous posts here have highlighted the details of a prenuptial agreement. Specifically, what exactly can be contained in this marital agreement and what cannot. There are many things that can be contained in a prenup. However, if the document is not properly executed, this could invalidate the document even if all the terms are lawful. It is important that either party to a prenup understands what can invalidate a prenuptial agreement.

The goal of a prenuptial agreement is to help sort out financial issues, provide financial rights and ensure protections in the event of a divorce. However, even after carefully completing this marital agreement, there are reasons a prenup could be invalidated.

To begin, a prenup is invalid if it is not in written form. If a prenup is not properly executed, meaning that both parties signed it before the wedding, it will be invalidated. Other reasons include being pressured to sign it, it was not read by the other spouse and was quickly signed and there was no time for appropriate consideration, meaning it was presented too close to the wedding.

A prenup can also be invalid if it contains inappropriate provisions. This includes terms regarding alimony, custody and child support. If a prenuptial agreement contains false information regarding income, assets and liabilities, the document could also be invalidated. Other reasons for invalidation include incomplete information, unconscionability or no independent counsel.

Taking steps to protect oneself in a divorce may seem like a challenging task before a couple is even married. However, a messy divorce can cause a difficult post-divorce life and could result in a spouse losing assets and property that are vital to them. Taking the time to draft a strong, legal and valid prenuptial agreement is crucial, as it could simplify the divorce process and protect property that is important to each spouse.