A prenuptial agreement can help you in the event that you decide to file for divorce. However, there are some circumstances in which a prenuptial agreement will be considered invalid, and you will need to speak with a divorce attorney about how this might affect your divorce.
The Agreement Is Not in Writing
A spoken prenuptial agreement cannot be enforced in court. The written agreement will need to be signed by both spouses before the wedding. This is partially in order to make sure that there was no coercion and that the other partner was of sound mind when signing the agreement.
The Agreement Is Not Legally Enforceable
You are not allowed to avoid paying child support through a prenuptial agreement, for example. Any provision that violates the law would be considered invalid.
You Were Pressured
For a prenuptial agreement to be considered valid, you must not have been pressured. A common example is when one partner is presented with the agreement shortly before the wedding and doesn't have enough time to read it and make a decision.
Another example could include intimidation or threats. If your partner felt like they had no choice but to accept the agreement, it might not be considered valid.
Someone Failed to Disclose Financial Information
Your spouse will need to know everything possible about your financial information before signing a prenuptial agreement. If there is any fraud or a lack of information about your assets, income, and liabilities, this could make the prenuptial agreement invalid.
The Court Considers It Unconscionable
If the prenuptial agreement is considered to be unconscionable, this may lead to the agreement not being considered enforceable. An example of this is if the agreement is considered to be excessively unfair. For example, if the spouse would be required to give up all of their assets, this would cause hardship and would be considered unenforceable.
If your spouse will be eligible for government assistance immediately after your divorce as a result of the spousal agreement, the court might not enforce the agreement. Because your prenuptial agreement might not be enforced, you will want to consult with a divorce attorney when drafting the agreement and when you wish to enforce it.
Why Hire a Divorce Attorney?
When you are involved in a divorce that is full of conflict and your spouse is attempting to fight the prenuptial agreement, a divorce attorney can help you protect your assets and your legal rights.