Experience You Need. Results You Want.

3 reasons your prenup agreement may be invalid after all

| Nov 1, 2021 | Divorce |

Let’s face it; we live in a world where marriages are no longer “till death do us part” affairs. While most couples hope for a lifetime marriage full of bliss, the truth is that divorce does happen. This is why couples need to weigh all possibilities for the future before tying the knot. 

Prenuptial agreements, also known as prenups, are written contracts that spouses enter into before the marriage. They detail what will happen to their assets and finances during the marriage and if they divorce. However, there are instances when a prenuptial agreement can be rendered null and void. Here are some of these circumstances:

If it is fraudulent

The first and obvious reason your prenup document may be rendered invalid is if the agreement is fraudulent. And this has nothing to do with a “faked” prenuptial contract created by one party during the marriage or divorce process. Rather, this refers to a case where one party withholds certain information about their assets during the prenup creation process. If you have evidence that your spouse withheld some of their assets when signing the prenup document, you may have grounds to have it invalidated during the divorce process. 

If it was created under coercion

Coercion may be challenging to prove, especially when dealing with a prenuptial agreement created several years back. However, if there is evidence that you signed the prenup document under duress or that you were coerced into signing it, then you can have it invalidated. For instance, a spouse can submit to the court that they were coerced into signing a prenup agreement because their then-fiancé threatened to cancel the wedding if they did not sign it. 

Similarly, the court can invalidate a prenuptial agreement if they determine that one party signed the document without the mental capacity to comprehend the implications of putting their signature on the document, whether due to illness or intoxication, for example.

A prenuptial agreement is a great tool for couples who are thinking about marriage. This legal document can help both parties understand their financial rights should they opt for a divorce. However, like with any legal contract, a prenup agreement must be done correctly to be valid