Protecting What Matters Most

What could make a prenup invalid? 

On Behalf of | Nov 1, 2023 | Prenuptial Agreements

Many couples who are concerned about the potential for a high-asset divorce will decide to use a prenuptial agreement when they get married. They can use this agreement to make financial decisions for the future. In many cases, prenups are used to protect assets that people know they want to keep.

However, a prenuptial agreement can certainly be invalid, meaning that the court will not uphold it during the divorce. Below are a few reasons why this could happen.

The other party never read the document

In some cases, people don’t have a chance to read the prenuptial agreement. This can be an issue if it’s brought up at the last minute, for example, and someone just signs it without ever reading it or thinking about the ramifications.

One person felt pressured into signing

A person should never be coerced into signing a prenup or forced to do so under duress. They always have to make the decision of their own free will. Excessive pressure to sign can invalidate the document.

The other person lacked the mental capacity to sign

In some cases, those suffering from degenerative brain diseases or other such ailments may lack the mental capacity to sign. But this can also be an issue if someone signs a prenup after they’ve been drinking alcohol or using other substances.

The prenup contains illegal provisions

Naturally, everything in a prenuptial agreement has to be legal. Even if someone agrees to something that is illegal, they are not going to be bound by that agreement during the divorce.

As can be seen, prenups can be very helpful but are also complicated. Those who would like to use one need to ensure they understand all of the necessary legal steps.


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