Prenuptial agreements are not always valid. It is very important to draft the agreement correctly. If you get divorced and find out that the court is just going to toss out your prenup, you lose a lot of the protections that you may have been counting on.
But why would the prenup be invalid? Let’s look at a few reasons below.
It was signed too close to the wedding
Your spouse deserves to have time to read and consider the prenup. If they did not have any time before the wedding – such as if you brought up the prenuptial agreement the day before you got married – the court probably will not uphold it. The court may even say that your spouse was under duress and pressured to sign.
You were dishonest
You do need to be fully honest about your finances when drafting a prenup. Your spouse has to understand what they are agreeing to. If you lied in the prenup or hid assets, the court may determine that the document is fraudulent and it will be thrown out of the case.
Your spouse didn’t sign of their own free will
Finally, your partner needs to sign the agreement of their own free will, not as the result of outside factors. One example is if they were under the influence of drugs or alcohol. Another is if you did something to manipulate them or coerce them into signing, such as threatening them.
Whether you are drafting a prenup or getting a divorce, it’s important to understand all of your legal obligations and the steps you should take to help things go smoothly.
