Even though you said your vows on your wedding day, “‘till death do us part” does not always come true. Sometimes, things do not work out the way that we planned and the person who you thought you were going to spend the rest of your life with turned out just to be temporary. In the event that you get a divorce, various decisions about finances and any children you may have will have to be made. If you and your spouse have a prenuptial agreement filed with the court, these decisions will be much easier to make. However, there is always a chance that your spouse will attempt to contest the agreement and they may actually have a case if there is something that makes the agreement invalid.
Elements that Invalidate a Prenuptial Agreement
A prenuptial agreement can be a useful tool during a divorce, but it is only as strong as it is valid. If your prenuptial agreement is considered to be invalid by the courts, you will not be able to enforce the terms of the agreement. There are various reasons why the court may consider your agreement, or portions of the agreement, invalid. The most common reasons include:
There was not full financial disclosure. One of the biggest no-no’s during a divorce is attempting to hide assets or information. This is also true when you create a prenuptial agreement. Before you sign the agreement, you are asserting that you have given your spouse full disclosure of all of your financial information. If you or your spouse do not do that or fail to disclose certain assets, your prenup could be invalidated....