Prenuptial Agreement Invalidations

June 05, 2011

Prenuptial Agreement Invalidations

A prenuptial or "prenup" agreement can bring peace of mind and security to couples entering into marriage. However, if done incorrectly a prenuptial agreement can be invalidated in court. When making a prenuptial agreement, consult an experienced attorney so it is executed correctly. Otherwise you may find your prenuptial agreement is invalid, perhaps for one of the common reasons below.

One Party to the Agreement Does Not Fully Disclose All Assets

If one party hides assets when creating the prenuptial agreement a court may find it void. This is especially true if the wealthier spouse hides assets. In some states a party can waive his or her right to a full disclosure of assets in the prenuptial agreement, so long as the spouse understands what he or she is waiving. Absent a specific waiver or other circumstances, however, most courts require each spouse to be honest about their financial situation before agreeing to a prenup.

The Agreement is Not Fair

A prenuptial agreement must be fair. If one spouse will financially prosper while leaving the other saddled with debt and little income or property, a court would likely find it "unconscionable" -- i.e. grossly unfair -- and not enforceable.

One Party Was Under Duress, Did Not Read the Agreement or Have Legal Counsel

The both parties must have full knowledge of what they are signing, and sign it of their own free will. Prenuptial agreements that are signed hours before the wedding may be invalid, as one spouse may have not understood what he or she was signing. Similarly, signing under threats or with undue pressure can make the agreement void.

Some states require separate legal counsel for a prenuptial agreement to be valid. Even for those that don't, however, obtaining counsel to protect individual rights is a good idea.

Some Provisions are Invalid

A prenuptial agreement simply can't do everything, even if both parties want and agree to a specific provision. For example, prenuptial agreements can't determine child support and custody, completely waive the right to alimony or include personal lifestyle matters. If any of these are included, a court will either make that provision invalid or make the entire agreement void.

Contact an Attorney

Prenuptial agreements can be complicated legal documents that require experienced attorneys to help both parties entering into the contract. If done correctly, a prenuptial agreement allows both parties to enter into marriage with a clear idea of financial obligations in the future and in case of a dissolution of the marriage.

Article provided by Thompson Law Group, P.A.
Visit us at http://www.thompsonlawpa.com