5 Reasons a Prenuptial Contract May Be Invalidated

When you and your spouse agree to a prenuptial contract, it is typically so that you will both be protected in the event of a divorce. However, when setting up a prenuptial contract, there are times when the contract could be invalidated. Here are a few reasons that a prenuptial contract might be invalidated.

1. Lack of Representation

Each state has different requirements when it comes to setting up a prenuptial contract. Some states require that you have legal representation for both parties before signing the prenuptial agreement. This means that both spouses-to-be will have to have their own lawyers to help set up the prenuptial contract. If there are no lawyers present when the contract is drawn up, it could potentially be invalidated. Because of this, you will want to make sure that you seek the help of a competent lawyer before trying to complete the process.

2. Insufficient Time

Another reason that your prenuptial contract might be invalidated is because there was not enough time between the contract and the marriage. Typically, the closer you are to the marriage when you sign a prenuptial agreement, the more likely the courts will disallow it. The courts want to see that both parties had plenty of time to consider the implications of the prenuptial agreement before going through with the marriage. For example, if you decide to come up with a prenuptial agreement on the day before your wedding, there is a high likelihood that it will be invalid.

3. Pressure

If either party who engages in a prenuptial agreement was pressured into signing it, it will become invalid. For example, if a fiancee tells her fiance that he has to sign a document or else she will leave him, this would cause the contract to become invalidated.

4. False Information

Another reason that a prenuptial contract might be invalidated is if any of the information within it is false. For example, if one of the spouses is not completely honest about his or her assets, income or anything else that has to do with the prenuptial agreement, the contract is invalid. This means that you need to be as honest as you possibly can be when setting up a prenuptial contract.

5. Against the Law

If for some reason the prenuptial contract had provisions within it that were against the law, the contract would become invalid. For example, if a couple decided to put a provision into the contract about child custody, this would not be allowed. The couple has to obey the court in this matter, and a prenuptial agreement will not override the court's decision. Any other provisions that are against the law would also invalidate the contract.

6. No Formal Agreement

You are not allowed to have a verbal prenuptial agreement. Unless the prenuptial agreement is in writing, the contract is not valid. In addition to this, both parties have to sign the contract in order to validate it.