Before you married, you and your wife signed a prenuptial, ensuring protection for both parties if your union ended. Now that your marriage is dissolving, you’re anxious about whether your prenup will hold up in court. Your premarital agreement might be unfortunately less iron clad than you realized if the following factors are in place:
- Verbal agreement only – Verbal agreements do not hold up; the courts will only enforce a written agreement.
- Incorrect processing – You and your partner must both sign a prenup prior to the wedding, or the court can void it.
- Failing to read it – If your ex didn’t read the prenup before she signed it or did not understand its terms and conditions, the document might not be enforceable.
- Pressure tactics – if another person pressured either party into signing a premarital agreement, the court might invalidate it.
- Invalid topics – Legally, a prenup cannot address certain topics, such as child support modification or requiring an illegal action. However, the court might void just the illegal parts of the prenup, enforcing the other sections. The prenup can address nearly all other financial matters.
- Lack of time to sign – Both parties need time to consider and review the prenup before signing it. If one party was rushed into signing, the court might void the document.
- Lack of counsel – Before signing a premarital agreement, each party should have separate and effective legal representation who can properly advise them about the nature of the commitment.
- Incorrect or partial information – Both parties must honestly disclose earnings, assets, properties and liabilities, or the court can invalidate the prenup. Likewise, the document can be voided if the premarital agreement is missing information.
- Extremely one-sided agreements – The courts will closely review the prenup for a fair division of property and debt. If one person signs away all rights to financial benefits, even when the other party earns multiple times what he or she does, the courts will likely protect the “underdog” and refuse to enforce very lopsided agreements.
Is your premarital (or postmarital) agreement valid? If so, how can you enforce it, and under what circumstances?
The experienced lawyers at the Law Offices of Silky Sahnan would be happy to answer your questions and give you back peace of mind. Call us now at 888-228-1098 for a private and extensive consultation.