Not all couples use prenuptial agreements, but they are becoming more popular. They offer a lot of different financial protections in the event of a divorce. Couples can use this document to ensure that they get to keep their assets, to protect a business that they own, to protect an inheritance and for many other reasons.
However, there are also cases where a prenuptial agreement is invalid. It’s important to understand what mistakes could invalidate it so that you can avoid them. Here are some examples.
Including illegal provisions
Everything that the two of you agreed to in the prenup must be legal. Additionally, you can’t include decisions that you would be making for future children. For instance, you can’t agree to give up custody rights.
Manipulation or duress
Next, remember that both people have to genuinely want to sign the prenup and do so of their own free will. If one person feels like they were manipulated or pressured into signing, they may be able to argue in court that the prenuptial agreement should be thrown out.
Lack of time
Another common issue is when a couple decides to draft a prenup at the last minute. If they did not have time to carefully consider the document and think about the ramifications, the prenup may not be valid. Additionally, a short time frame can be seen as a type of duress. Someone may feel pressured to sign a prenup just because they don’t want to have to call off the wedding the day before it occurs.
If you’re going through a divorce, even if you already have a prenup in place, you can see why it is so important to understand all of your legal options.