Prenuptial agreements have become more popular as couples realize they aren’t just for the rich and famous. A prenuptial agreement can protect the assets of either party that were obtained prior to the marriage. However, certain issues may cause the document to be invalid.
1. Lack of Full Disclosure
The agreement is supposed to include full disclosure of the assets of both parties. If either side hides certain assets or falsifies the information, the disclosure may be considered invalid. This also includes the income and debts of each person.
In addition to false information, incomplete information can cause an agreement to not be able to be enforced. It’s important to not leave out details when listing all assets and liabilities.
2. Invalid or Illegal Provisions
Any agreement that violates the law would not be enforceable. This includes modification of child support. In some cases, the illegal aspects of the document would be removed and the rest of the agreement left intact.
3. Lack of Counsel or Time for Review
You cannot expect a prenuptial agreement to be enforceable if you wait until the wedding day to show it to your future spouse. They must have time to consider the agreement and read it before signing. The document may be invalid if either party was pressured into signing it. Both parties have the right to their own counsel to advise them.
4. Grossly Unfair
While the couple can agree to any terms they want, the court may not enforce it if the agreement is unfair. Perhaps you agree to take on all the bills while your spouse gets all of the assets. The court may view this as an unconscionable contract, which would be deemed invalid. This happens in many types of documents and a prenuptial agreement would most likely have the same result.
5. It wasn’t in Writing
While many contracts may be enforced even if they are verbal, a prenuptial agreement isn’t one of them. For the court to enforce the document, it must be in writing. It must also be signed by both parties. It’s also best if the couple signs in front of witnesses.
Regardless of whether you’re drawing up a prenuptial agreement, signing one or trying to get out of one, it’s important to know about these five issues that could cause the document to be invalid.