Prenuptial agreements are often binding as long as both parties signed the agreement prior to getting married. But that does not mean that they always stand up in court. There are some issues that could invalidate the agreement.
Whether you are drafting a prenup or going through a divorce, it is very important to know if it is valid or not. To that end, let’s look at a few things that could invalidate it.
No time for consideration
In some cases, a person will claim they were not given a proper amount of time to really consider the document before signing. If someone comes to their spouse the evening before their wedding and demands they sign a prenup, for example, they have not been given time to actually think about the document they are signing.
They were coerced or manipulated
Next, it is always important that all parties sign a prenup of their own free will. If someone was manipulated or tricked into signing it, or if they were under the influence, it is likely not going to stand. If they were coerced or pressured to sign it, perhaps by being put under duress, that can also invalidate it.
There are illegal provisions
Finally, a prenup cannot contain provisions that are expressly prohibited by law. If it does, it can call the entire document into question. One example could be if the prenup waives someone’s child custody rights. Prenups can address financial issues, but not child custody rights.
Although prenuptial agreements can be very useful, it is also important that they are drafted and signed correctly. Be sure you know exactly what legal rights you have when going through this process.