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Reasons a prenuptial agreement could be invalid

On Behalf of | Mar 6, 2024 | Family Law |

A prenuptial agreement is an excellent way to protect assets when getting married. Couples use them because they want to ensure that specific assets stay with them even in the event of a divorce, rather than being divided between them and their ex. They can agree in advance about how they will address these assets, while the two of them are still on good terms.

Unfortunately, some people get to court and discover that their prenuptial agreement is invalid. You certainly do not want this to happen to you, so let’s look at a few reasons it may happen.

Pressured into signing

First off, no one can be pressured into signing, which is known as signing under duress. If your spouse claims that they were threatened or emotionally manipulated, the agreement may not stand.

Didn’t have time to read it

One potential issue is if the other party claims they never read the document. This sometimes occurs if a prenup is signed right before a wedding when there just isn’t time to realistically read the document and consider it prior to signing.

Lacked the mental capacity

In some cases where people had been drinking or using illegal drugs when they signed, they may not actually have had the mental capacity to do so. It’s very important that all parties have a clear mind and know what they are signing.

What steps can you take during a divorce?

These are just a few things to be aware of as you get closer to a divorce. Be sure you know exactly what steps to take while working through this process, especially if there is a dispute over the validity of a prenup.