Reasons a Premarital/Prenuptial Agreement May be Invalid

Reasons a Premarital/Prenuptial Agreement May be Invalid

1. No Written Agreement. Premarital agreements must be in writing to be enforceable.
   
   
2. Not Properly Executed. Both parties, before the wedding, must sign premarital agreements.
   
   
3. You Were Pressured. An agreement may not be valid if one of the spouses was pressured by the other or (by his or her lawyer or family) to sign the agreement.
   
   
4. No Time For Consideration. A prospective spouse entering into a premarital agreement must be given time to review it and think it over before signing it. If the groom hands the contract and a pen to the bride just before she says, "I do," the agreement is probably invalid.
   
   
5. Invalid Provisions. Although a premarital agreement can cover just about any financial aspect of the parties' relationship, it cannot in any way modify the child support obligations that either spouse would have if the marriage should end in divorce. Any other provisions of the agreement that violate the law would also be invalid. It is possible, however, that the court would enforce the remainder of the agreement, striking the illegal clauses.
   
   
6. False Information. A premarital agreement is valid only if entered into after full disclosure by both parties of their income, assets, and liabilities. If one prospective spouse provides the other with information that is not true, the agreement is invalid.
   
   
7. Incomplete Information. Failing to provide pertinent information is as bad as providing false information, and it renders the agreement unenforceable.
   
   
8. No Independent Counsel. Because their separate interests are at stake, both parties to a premarital contract should, and in some states must, be represented by their own attorneys or the agreement will not be enforced.
   
   
9. Unconscionability. It's true that you can agree to give up your right to inherit from your spouse, which you would otherwise be entitled to do upon your spouse's death, even if he or she left you out of a will. You can sign away your right to spousal support if you should end up in divorce court, even if your spouse makes ten times as much money as you do. You can even agree that your spouse gets all of the property and you get all of the bills, if that is what you want to do. But if the agreement is so grossly unfair that one party would face severe financial hardship while the other prospered, the court is unlikely to enforce it. "Unconscionable" contracts are generally found invalid, and premarital agreements are no exception.
   
   

Copyright © 1994-2006 FindLaw, a Thomson business

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

View Previous Months' Selections