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Is your prenuptial agreement actually valid?

On Behalf of | Aug 11, 2022 | Family Law

When you create a prenuptial agreement, you’re acknowledging that there’s a chance you may get divorced in the future. You want to make some of the financial decisions in advance so that you have proper protections in place. This can also make the potential divorce go much more smoothly.

But, for all this to work, the prenup actually has to be valid. Otherwise, it won’t stand in court. Here are a few ways that a prenup maybe become invalid.

Some of the provisions are illegal

In some cases, even including a single illegal provision will be enough for the court to throw out the rest of the prenup. You want to make sure that everything written in the document is entirely legal and permissible.

It discusses child custody

For example, it’s important to note that a prenuptial agreement can’t discuss child custody. All of your decisions should be financial and cannot infringe on the child’s rights.

There wasn’t time

Timing issues are also very important. If your partner didn’t have time to read and consider the document, even if they signed it, it may be invalid. This is why it’s best to get a prenup months before the marriage or to get a postnup after the marriage. 

They were pressured

Another major issue is when someone claims that they were pressured or manipulated into signing. This could be a form of duress. It’s always important for everyone to sign a prenup of their own free will.

Whether you looking to put a prenup in place or are using one during a divorce, understanding the validity is very important. You also need to know exactly what legal steps to take to make sure things play out properly.