What Makes a Prenup Invalid
Written by Michelle N. Ogborne

What Makes a Prenup Invalid?

Prenups can be a great device for couples to use if they’re thinking about getting married. A prenup can assist you in determining the financial rights of you and your spouse in the terrible event of a divorce including safeguarding a family business or protecting your personal assets. Nevertheless, prenups need to be done correctly in order to be state valid.

Here are the top 10 reasons why a prenup could be invalid:

  1. There Isn’t A Written Agreement: Premarital agreements are required to be in writing to be enforced.
  2. Not Correctly Executed: Each party is required to sign a premarital agreement prior to the wedding for the agreement to be deemed valid.
  3. You Were Intimidated: Premarital agreements will likely not be valid if one of the spouses was intimidated by the other (or by their family or lawyer) to sign it.
  4. It Was Never Read: If your soon to be spouse places an assortment of papers in your face, including a premarital agreement, and asks you to quickly sign them, the premarital agreement might not be able to be enforced if you sign it but never read it.
  5. No Time For Review: A potential husband or wife entering into a premarital agreement needs to be allowed time to review the agreement and mull it over prior to signing it. If the groom gives the agreement and a pen to the bride right before she says, “I do,” the contract is most likely invalid.
  6. Invalid Terms: Even though a premarital agreement may cover almost any financial facet of the parties’ relationship, it can’t in any way alter the child support responsibilities that either the husband or wife would have should the marriage end in divorce. Any other terms of the agreement that infringes the law would be invalid also. The court, on the other hand, could possibly expunge the illegal clauses and enforce the remaining part of the agreement.
  7. Deceitful Information: A premarital agreement is only valid if it’s entered following full disclosure by each party — concerning their income, any assets, and obligations. If one party provides the other party with information that isn’t true, it invalidates the agreement.
  8. Insufficient Information: Not presenting relevant information is as bad as presenting false information, and it makes a premarital agreement invalid.
  9. No Unbiased Counsel: Being that their individual interests are at stake, each party to a premarital agreement should (and in many states) are required to be represented by their own attorneys, or the contract won’t be enforceable.
  10. Unconscionably: It’s accurate that you could agree to relinquish your right to inherit from your spouse, that you might otherwise be entitled to do when your spouse passes, even if they left you out of their will. You may sign your right to alimony away you should end up getting divorced, even if your spouse brings in 10 times as much as you do. You may even agree that your spouse receives all the property and you receive all the bills if that’s what you would like to do. But when the contract is so completely unfair that one party would come upon serious financial hardship whereas the other prospered, the court is doubtful to have it enforced. Simply put, “unconscionable” agreements are commonly found invalid, and there are no exceptions for premarital agreements.

Obtaining Legal Assistance With Your Premarital Agreement

A premarital agreement can help you securely feel that your assets will be safeguarded in the event that your marriage fails. When you and your future spouse are thinking about a premarital agreement, you might want to consult with a family law attorney to guarantee it’s in accordance with the laws of the state you reside in.


  1. Is Your Prenuptial Agreement Invalid?Findlaw, 14 Sept. 2018, family.findlaw.com/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.

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