Signing a prenuptial agreement is an important and valuable step to protecting yourself in life after marriage. The unfortunate reality is that not all marriages last, and signing a prenup can be a critical means of self-preservation.
That being said, there are cases where people believe they are protected or bound by a prenuptial agreement, but when the time comes to enforce it, they learn that the document is unenforceable for some reason. In this post, we will examine some elements of a prenuptial agreement that could ultimately make it subject to challenge and/or deemed invalid.
It is not a legal document
A prenuptial agreement is a legal document and must be execute properly. This means it should be in writing and signed by both parties before the wedding. It can also be wise to have witnesses present when signing the document and/or have the document notarized.
The information is not accurate
It is crucial that a prenup be accurate and reflect full disclosure on the part of both people. If there are issues with fraud, missing information or significant errors, then the document may not be enforceable.
One or both parties was not fit to sign the agreement
The courts can dismiss a prenuptial agreement if there is evidence that at least one party was tricked or coerced into signing it. Further, in order to be enforceable, both parties must have a reasonable amount of time to review the document with legal counsel and address any unconscionable terms.
Avoid and address these elements as soon as possible
If you have any questions or concerns about the validity of a prenuptial agreement you are about to sign or previously signed, it can be crucial that you contact an attorney right away. Doing so can help you avoid costly mistakes and protect your financial future.