A prenuptial agreement can help couples define how they want to handle financial matters during and after a marriage. It often includes decisions about property ownership, business interests or spousal support if the marriage ends in divorce. However, not all prenuptial agreements are enforceable in court.
For a prenuptial agreement to be upheld, it must meet specific legal standards. If those requirements are not met, a court may decide that the agreement is invalid. Understanding what can affect its enforceability may help you avoid future problems.
What makes a prenup invalid?
A valid prenuptial agreement must follow certain rules. If any part of the process is unfair or incomplete, the agreement may be challenged and possibly thrown out. Common reasons a prenup might be considered invalid include:
- Lack of a written agreement: A prenuptial agreement must be in writing. Oral agreements between spouses are not enforceable in court.
- Signing too close to the wedding: If one party signs the agreement right before the wedding without enough time to review it, a court may find the agreement was not entered into voluntarily.
- Pressure to sign: If either person felt pressured, threatened or forced into signing the agreement, it may be considered invalid.
- Missing or false information: Each person must fully disclose their finances. If someone lies or leaves out important details, the agreement might not be enforceable.
- Unfair terms: A court may reject an agreement if it leaves one party with almost nothing while the other keeps everything. This is often referred to as unconscionability.
- Illegal provisions: A prenuptial agreement cannot include decisions about child custody or child support. Including such terms could lead a court to strike down parts of the agreement.
Obtaining legal guidance can be helpful if you have questions about your prenuptial agreement or believe it may not be valid.