When you create a prenuptial agreement, you do so with the idea that it will provide some protection in the event of a future divorce. Unfortunately, there are mistakes that can make this agreement invalid.
With the help of a prenuptial agreement, both individuals entering the marriage can take advantage of many benefits. However, if you don't create a prenuptial agreement in the appropriate manner, the court could find it invalid in the future.
Here are five reasons why a prenuptial agreement might be invalid:
- It's not in writing. It's not good enough to have a verbal agreement with the other party. For a prenuptial agreement to be valid it must be in writing and signed by both parties.
- One person was pressured. Did you pressure the other person into signing the prenuptial agreement, such as by telling them there's not enough time to review it because of the impending wedding? It may not be valid if one person pressured the other into agreeing.
- You didn't read it. You never want to sign anything, especially a prenuptial agreement, until you first read through it from start to finish. If you didn't read the agreement before signing it may be invalid.
- Invalid provisions. You can include many things in a prenuptial agreement, such as separate property that you're bringing into the marriage. Just the same, there are provisions you are not permitted to include, such as language discussing child custody obligations.
- False or incomplete information. All of the information in a prenuptial agreement must be 100 percent accurate and complete. For example, one person is not permitted to hide information regarding assets, income and liabilities.
Even if both individuals agree to create and sign a prenuptial agreement it doesn't necessarily mistakes will never come to light.
The best way to protect against something that invalidates a prenuptial agreement is to leave enough time to closely examine all the details. Along with this, work closely with your legal team to ensure that you know exactly what you're signing.
A prenuptial agreement can benefit both people, but only if they have the opportunity to review the document, ask questions and make changes as necessary.
If you're interested in creating a prenuptial agreement, learn as much as you can about the process and how to protect your legal rights.