30 Mar 3 Reasons Your Prenuptial Agreement May Be Invalid
A prenuptial agreement, commonly known as a prenup, is a contract written by a couple prior to getting married. This contract allows for control over legal rights upon entering marriage and what could happen if it ends in divorce or death. For example, a couple might write in a prenup that specific property brought into the relationship is separate in nature and will remain that way despite it being a community property state.
However, there are several reasons why your prenuptial agreement may be invalid when the time comes to use it. Whether you need to prove to the court that your contract is invalid or you want to ensure you’re writing the prenup correctly, learn the reasons below.
The Paperwork Wasn’t Properly Filed
A prenuptial agreement is a legal document. Therefore, after writing and signing the agreement, the couple must file it properly within the state where they live to take advantage of the benefits if the marriage ends in divorce or one spouse passes away.
Work with a spousal support attorney to construct the document properly with the appropriate parameters and to ensure it gets correctly filed. If you poorly construct the prenup or forget to file it, it will be invalid when the time comes to use it.
The Prenup Is Fraudulent
Within a prenup, each couple in the relationship must fully disclose their assets, no matter how big or small. Unfortunately, one person in the relationship commonly leaves out one, more, or all of their assets, so the other spouse cannot take them in a settlement after a divorce.
If there is proof that not all assets got disclosed, the prenuptial agreement will become invalid. This also works when disclosing debt. For example, if your ex-spouse has more debt than they originally wrote in the prenup, this could invalidate the legal document.
The Document Got Signed Due to Coercion
Another reason your prenuptial agreement may be invalid is due to using coercion when signing the document. In other words, if one partner gets coerced or is under duress when signing, this could be grounds for invalidation.
However, like always, you must prove to the court that you got coerced to sign the prenup. This can be difficult to prove, but it’s not unheard of. For instance, if a partner was under the influence when signing the prenup, they could use that to prove to the court that they didn’t understand what they were signing.
If you want your prenuptial agreement to be legal, the conditions within the paperwork must be fair. Disclose all assets, sign the prenup with legal representation, and file the paperwork properly. Ensure you’re creating this document correctly by hiring an attorney from LaCoste Family Law. We can also assist you if you believe the contract is invalid. When you need help with a prenup, give us a call!