A prenuptial agreement can be used during a divorce. It often simplifies the process. Many financial decisions will have already been made in the prenup, for example, meaning they don’t need to be made during the divorce case itself.
But even if you have a prenup, you need to be sure that it’s actually valid and it’s going to be used in court. Below are a few examples of reasons the prenup could be invalid.
The other party didn’t read it
If the other person didn’t have time to read the prenuptial agreement, they can use that as a reason to have it removed from court. An example of this could be if one person brought up the idea of a prenup the day before the wedding, and the other person felt pressured to sign – even without time to read the document – just so that the wedding would still happen.
They didn’t sign of their own free will
Speaking of pressure, a prenup is invalid if the other person was manipulated or coerced into signing it. A prenup must be signed of someone’s own free will, and it’s not valid if it was signed under duress.
It contains invalid provisions
Certain things can’t be addressed in a prenup, such as illegal provisions. Additionally, child custody and child support cannot be addressed. These are issues that must be decided upon during the divorce case itself, and neither parent can gain or lose custody rights based on a prenup.
These are just a few examples of why a prenup may not stand in court. It’s important for all involved to understand exactly what legal options they have.