What Happens if a Prenuptial Agreement is Invalid?

prenuptial agreement, DuPage County family law attorneyThere was a time when many thought prenuptial agreements were only for rich celebrities or those who did not have faith in the longevity of their marriage. Today, people realize that prenuptial agreements are not only vital assets in the unfortunate event that a couple splits up or a spouse passes away, but are also tools which can help married couples manage their financial responsibilities while they are still married as well. When creating a prenuptial agreement, one must be careful to draft it in such a way that it holds up in court. Making certain mistakes within a prenuptial agreement can cause it to be considered invalid. In this case, the mandates set forth in the document will not be followed and the document will have been created in vain.

Dishonesty Regarding Assets

One of the major requirements of a valid prenuptial agreement is total transparency with regard to all assets, properties and debts. If a person enters into a prenuptial agreement but does not disclose all of his or her financial information or attempts to hide assets, the document may become useless. If a couple is divorcing and one spouse proves that the other was fraudulent in his or her financial reporting, the prenuptial agreement cannot be used to make decisions regarding spousal maintenance, property division, or family-owned businesses.

One of The Spouses Was Coerced Or Pressured

Prenuptial agreements or premarital agreements must be agreed upon by both of the individuals signing the agreement. Legal documents signed under undue influence cannot be considered binding. If one of the spouses is forced or tricked into signing the agreement, it may be considered invalid. Furthermore, if one of the spouses was not of sound mind due to illness or for other reasons when he or she signed the document, it can be thrown out. It is important to note that coercion or duress can be difficult to prove and that states have different standards for what it means to have been coerced into an agreement.

The Documents Were Not Properly Executed

In order to be enforceable, prenuptial agreements must be written down and signed by both parties. The signatures must also be notarized. Ideally, both spouses would have legal representation before signing any legal agreement, and in some states, this is required. Prenuptial agreements can also be considered invalid if they include imbalanced or ridiculous provisions. For example, an agreement which awards a huge majority of marital property to one person and leaves the other with nothing will probably not stand up in court.

Legal Aide You Can Trust

To ensure that your prenuptial agreement is enforceable and legally binding, contact an experienced Wheaton family law attorney for guidance. Call 630-871-1002 to set up your confidential consultation at Andrew Cores Family Law Group today.

 

Sources:

https://www.forbes.com/sites/jefflanders/2013/04/02/five-reasons-your-prenup-might-be-invalid/

http://abcnews.go.com/Business/story?id=5333445

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