When getting a divorce, many people have questions about finances and other aspects that can drastically change when you go from coupled to single. Some couples sign prenuptial agreements before entering their marriage. The reasons behind signing a prenuptial agreement vary, but there are some requirements to ensure that they are valid if a time comes in which they need to be referenced. When a couple decides to get a divorce, it’s time to examine the prenuptial agreement to determine if it’s valid.
Believe it or not, a prenuptial agreement can be found invalid for several different reasons. For example, the agreement must be in writing and it must have been signed by both parties before the wedding to be valid. If one spouse was pressured into signing the agreement, it would be deemed invalid. If one spouse provided false information on the prenuptial agreement, it can be found invalid.
There are several other ways that a prenuptial agreement could be rendered invalid. What matters is the result that this could have on a couple who is deciding to get a divorce. If a prenuptial agreement does not hold up in family court, this means anything could happen in divorce proceedings. Understanding where you stand and protecting your best interests is important during this time.
This scenario doesn’t play out with the majority of prenuptial agreements, but it does happen to a percentage of couples. Throwing out a prenuptial agreement could be seen as a negative or a positive depending on what side you may be on. It could also matter little if the couple feels like they have a fairly amicable divorce on the horizon. There is only one way to find out if your prenuptial agreement will stand up in divorce court.
Source: family.findlaw.com, “Top 10 Reasons a Premarital Agreement may be invalid,” Accessed March 13, 2017