Is your prenup going to withstand a challenge?

On Behalf of | Apr 2, 2021 | Divorce

Having a prenuptial agreement should give you some sense of security as you head toward divorce. That agreement already defines a lot of the terms of the divorce. It may state how assets should be divided, which assets count as separate property and things of this nature.

Done properly, it can really reduce the number of considerations you have. 

Reasons for invalid prenups

That said, your prenup actually has to be valid for it to stand up in court and impact your case in the ways noted above. Here are a few reasons it may not be valid that you should consider:

  • Either one of you did not bother to read the prenup before signing and therefore signed something you didn’t understand.
  • One of you felt pressure to sign and made a decision based on that pressure, not on what you wanted.
  • One of you was tricked into signing it, perhaps by being told it was a different sort of document.
  • The prenup was created and signed too close to the wedding, meaning neither of you had enough time to think about it and make a rational decision.
  • The prenup wasn’t made in a legal fashion. For instance, a handshake deal is likely not going to stand up in court.
  • The prenup states a number of things that are actually illegal under the law. For instance, it may address your child custody rights. This is not allowed.

The divorce process can be complicated, with or without a prenuptial agreement. Be sure that you are well aware of the legal options that you have as you proceed with your divorce. Sound counsel can help you avoid serious mistakes.