Why might your prenup be invalid?

On Behalf of | Aug 13, 2022 | Divorce, Family Law

A prenuptial agreement is a legally binding document that two people sign before getting married. It generally helps them to divide their assets and make other financial decisions in advance, and then it is used if they decide to get divorced in the future. If they never get divorced, it has no impact on the relationship, but it can be a source of protection for financial assets for wealthy couples.

With that in mind, it’s important to know if the prenup is valid or not. Below are a few reasons that it may not be.

The prenup was signed too close to the wedding

A prenup that is signed immediately before a wedding may get thrown out of court on the grounds that the people who signed it did not have time to really consider what they were signing. In some cases, people claim they never even had time to read the document before signing. Something like this will not be enforceable.

One person lacked the mental capacity to sign

When signing any contract, the signee must have the mental capacity to do so. If that person did not, perhaps due to an illness or because of drug and alcohol use, then the document they signed may not hold up in court.

One person was under duress or coerced into signing it

Above all else, a prenup needs to be a document that both people want to sign. If one person was under duress or was otherwise pressured into signing something they didn’t agree with, they may be able to ask the court not to heed that document during the divorce proceedings.

A prenup can make a divorce easier, but you can see how complicated it may still become. Be sure you understand all of your legal options.

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