What could invalidate a prenuptial agreement?

On Behalf of | Aug 30, 2021 | Family Law |

If you may divorce and have a prenuptial agreement, it’s a good idea to take that prenuptial agreement to your attorney’s office to go over it. There are some cases in which a prenuptial agreement could be invalidated, so you will want to be sure that your prenuptial agreement is valid before you seek out your divorce. If it is not valid, then you will need to take additional steps to protect yourself.

Normally, when two people sign a prenuptial agreement, they are doing so with the understanding that it is protecting their interests. However, there are times when people bring up a prenuptial agreement at the last minute before marriage or under other circumstances that could invalidate it later on.

For example, if you:

  • Signed the prenuptial agreement under duress
  • Have a prenuptial agreement that has illegal terms
  • Signed an agreement that was unconscionable

…then your prenuptial agreement could be invalidated by the court.

What should you do if you think your prenuptial agreement is invalid?

If you believe that your prenuptial agreement is invalid because the terms agreed to were not legally allowed or because you were under duress when you signed the paperwork, then this is something to discuss with your attorney as soon as you can. If you want to challenge the prenuptial agreement yourself, then you may want to begin building a case against the prenuptial agreement at that time.

On the other hand, if you want to keep the prenuptial agreement as it stands despite your spouse claiming that it is not binding or a court finding that part of it is not binding, you will need to take steps to protect your assets and to defend the prenuptial agreement by showing that it was entered into legally and binding as a result. If one section of the prenuptial agreement isn’t legal, that doesn’t necessarily mean it will all be, so discussing the terms is essential if there is any question of the agreement’s legality.

Your prenuptial agreement may be binding, or it could be invalidated depending on the original circumstances when it was signed. Going over it with a legal professional before seeking a divorce is beneficial, so you know what to expect.


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