Prenups can be an excellent device for couples to use if they are contemplating about getting married. These agreements can help you determine the financial rights of you and your spouse in the possibility of a divorce including protecting a family business or safeguarding your personal property. On the other hand, prenups have to be done correctly in order to be valid in your state.
Below are the top 10 reasons why your prenuptial agreement could be invalid.
- No Written Agreement: Prenuptial agreements are required be in writing to be binding.
- Not Rightly Executed: Each of the partners are required to sign a prenuptial agreement prior to the wedding for the agreement to be regarded as valid.
- You Were Pressured: A prenuptial agreement might not be valid should one of the spouses be pressured by the other (or by their lawyer or family members) to sign it.
- You Failed Read It: If your soon-to-be-spouse puts a ton of paperwork in front of you, including a prenup, and asks you to sign them swiftly, the premarital agreement might not be binding if you fail to read it, before you sign it.
- No Time for Consideration: A potential spouse getting into a prenuptial agreement needs to be given time to go over it and think it over prior to signing it. Should the groom hand a pen and prenup to their soon-to-be-wife right before she says, “I do,” it is probably invalid.
- Invalid Conditions: Even though a prenup can cover just about any financial factor of the parties’ relationship, it is unable to in any way change the child support duties that either spouse are going to have should the marriage end in divorce. Any other rems of the prenup that are in violation of the law would also be invalid. It is possible, on the other hand, that the court would remove the illegal terms and enforce the rest of the agreement.
- Untrue Information: A prenup is only valid if it is entered into after total disclosure by each of the parties — concerning their income, assets, and debts. Should one prospective spouse provide the other with untrue information, it makes the agreement is invalid.
- Incomplete Information: The failure to provide suitable information is as bad as providing untrue information, and it makes a prenuptial agreement ineffectual.
- No Independent Advocate: Since their separate interests are in jeopardy, each of the parties entering into a prenup contract needs to (and in many states has to) be represented by their own attorneys, or the agreement is going be unenforceable.
- Unconscionability: It’s beyond doubt that you could agree to renounce your rights to inherit from your spouse, which you would otherwise be allowed to do upon the passing away of your spouse, even if they left you out of their will. You are able to sign away your right to alimony should you end up going to divorce court, even when your spouse earns 10 times as much as you. You are also able agree that your spouse receives all of the property, and you receive each of the bills, should that be what you wish to do. But if the agreement is so blatantly unfair that one party would face severe economic hardship whereas the other flourished, the court is doubtful to enforce it. Fundamentally, “unconscionable” agreements are usually found invalid, and a prenup are no exception.
Acquiring Legal Help with Your Prenup
Prenups can help you feel confident that your assets are going to be safeguarded should your marriage fail. If you and your soon-to-be-spouse are thinking about a prenuptial agreement, you might want to speak with a family law attorney near you to make sure it’s in accordance with the laws of your state.
Is your prenuptial agreement invalid? Findlaw. (2018, September 14). Retrieved August 3, 2022, from https://www.findlaw.com/family/marriage/top-10-reasons-a-premarital-agreement-may-be-invalid.html
Ogborne Law, PLC: Arizona Legal Professionals
Is there anything more beautiful than two people uniting to create a unique family? Marriage is an exciting adventure! Together, you can build a good life based on trust and hopes. A prenuptial agreement can be part of your wedding plans, and we want to help you structure one that reflects your love and respect for each other.
Never think you aren’t rich enough to consider a marital agreement. If you have each other, you’re already a wealthy family. A consultation can be free and informative. Contact Ogborne Law to discuss your marital agreement options.