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Reasons why a court might invalidate a prenuptial agreement

On behalf of Rebecca H. Fischer of Fischer & Feldman, P.A. posted in Prenuptial Agreements on Sunday, September 20, 2015.

Many people think that prenuptial agreements are only for the wealthiest of Americans. Others think that it is simply unromantic. After all, talking about who gets what if a couple divorces before the wedding even happens can seem that way.

The truth is, though, that a prenuptial agreement can actually strengthen a relationship. Laying everything out on the table in terms of assets and debts can help. Indeed, it can enhance trust between the soon-to-be spouses.

There are certain reasons, though, why a prenuptial agreement can be invalidated when it is needed and submitted to the court. Here are some of those reasons:

— It was not executed properly. Both parties have to sign the document before the nuptials.

— There was not enough time for each person to consider and review the prenuptial agreement before the wedding.

— If the prenup contains provisions on how much either spouse would pay or not pay in child support should the couple divorce. Then the entire prenup could be invalidated. However, the court could decide to simply invalidate that provision and let the rest of the document stand.

— If false information about a party’s assets, income or debts is included in the prenuptial agreement, then it becomes unenforceable.

— Should the prenup contain provisions that are considered “unconscionable,” the court would be unlikely to enforce it.

As you can see, there is a lot that must be considered when creating a prenuptial agreement. Each party should have the contract reviewed by his or her own attorney in order to ensure his or her rights are protected.

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Source:

FindLaw, “Top 10 Reasons a Premarital Agreement May be Invalid,” accessed Sep. 20, 2015

Tags: Prenuptial Agreements

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