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Potential reasons a prenup could be invalid

On Behalf of | Jun 6, 2024 | Prenuptial Agreement

People are sometimes surprised to find out that their prenuptial agreements are not valid. These are important documents that help to define how things should be done during a divorce. For instance, people sometimes use a prenup to protect business assets.

As such, finding out that the prenup is invalid can be quite a blow. It’s important to identify this type of issue in advance. With that in mind, here are a few potential reasons why it could happen.

The provisions aren’t allowed

In some cases, people will simply include things in a prenuptial agreement that are not legally allowed. Provisions can’t be illegal in nature, for example. Additionally, parents can’t make child custody decisions in a prenup. They also can’t provide incentives for either party to get divorced. 

One person didn’t know what they signed

There are sometimes cases where the person who signed the prenup did not understand what they were signing. Maybe they didn’t have the mental capacity to do so. Maybe they were under the influence of alcohol or drugs. Maybe they simply didn’t take the time to read the document before signing it.

One person was pressured or coerced

Finally, it’s unfair to pressure someone to sign a prenup. They must do it of their own free will in order for it to stand. If they were tricked or manipulated into signing, it could be invalid. If they were pressured – such as being asked for a prenup the day before the wedding – that could also invalidate the document, even if they signed.

If you’re going through a divorce this year, whether or not you have a prenup, you can see how important it is to understand the complexities of your legal situation. It can help to have an experienced team on your side.