Today, prenups are more popular than ever. However, prenups and other types of marital agreements don't always hold up in court. Knowing what makes a prenup invalid can help you ensure that your marital agreement is comprehensive and will protect you and your spouse should you ever decide to part ways.
To schedule a consultation with our team and get the help you deserve for drafting your prenup, contact us online or via phone at (702) 996-6052.
The Prenup Isn't in Writing or Worded Properly
One of the requirements of a prenup is that both parties must hire a separate attorney to represent them during the drafting and signing process. This rule is meant to ensure that prenups are properly worded to be legally binding, and both parties fully understand the contents before signing.
As such, verbal agreements will likely not be accepted by the court. Additionally, if the writing in the prenup itself is unclear or open to interpretation, a judge may decide to consider it invalid.
The Court Believes (or Has Evidence of) Fraud or Coercion
Prenups are not valid if one party signs while under threat or coercion. Additionally, Both parties must fully disclose their assets and liabilities to each other before signing a prenup.
If the court examines a prenup and determines that the document itself seems suspect, or one of the parties presents evidence that the prenup was signed under threat or coercion, the court will deem it invalid.
Additionally, both parties must have at least seven days to consider the terms of the prenup before signing. If it appears the prenup was signed too hastily, the court may not allow it.
The Terms of the Prenup Are Unconscionable
The court may determine that the prenup is "unconscionable." For example, parties may waive their right to spousal support using a prenup. If a party who waived their right to spousal support could end up homeless or destitute without it post-marriage, the court may decide to award that party spousal support anyways because failing to do so would be "unconscionable."
For this reason, it's a good idea to update your marital agreement at regular intervals (if you have one) to prevent the terms from becoming outdated.
To schedule a consultation with our team for your prenup, contact us online or via phone at (702) 996-6052.