Prenuptial agreements, or “prenups,” have been gaining in popularity for decades now because they offer couples a certain sense of financial and emotional security. If their marriage doesn’t work out, a prenup can keep the fighting over the particulars of a divorce to a minimum. Since they’re generally created when times are good and a couple has each other’s best interests at heart, they also tend to be relatively fair to both parties.
But not all prenups are built alike. Under the right circumstances, prenups can be challenged — and discarded. Here are the things that are likely to make your prenuptial agreement invalid:
- It was never signed. If you signed a prenup but your spouse somehow never got around to inking their own signature on the agreement prior to the wedding, the prenup isn’t valid.
- There was a lot of pressure on one of you. Maybe your wife’s father threatened to stop the wedding if you didn’t sign the agreement. In a panic, you signed without thinking things through.
- Someone didn’t read the agreement. Trust between a married couple is important, but that doesn’t mean either of you should sign a binding contract without reading it — especially if the other party is pushing you to do so quickly.
- Your agreement is flat-out illegal. For example, prenups can’t negate child support obligations by either spouse because that support belongs to the child — not the adults. A prenup that attempts to do so could be declared partly or wholly invalid.
- One of you lied. If you didn’t fully disclose your assets and debts and any other relevant issues prior to the prenup, that agreement was signed under false pretenses.
If you’re uncertain about the validity of your prenuptial agreement, don’t wait until you’re in court and fighting for a divorce to find out. Schedule a consultation with an attorney today to discuss the situation.