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What could invalidate a prenup?

On Behalf of | Mar 20, 2024 | Divorce

A prenuptial agreement is an agreement the two people sign before they get married, specifying how things should be handled in the event of a divorce. For example, one spouse may be a prospective business owner and they want to make sure that they wouldn’t lose ownership of their business if their marriage ended. Or one person may simply bring a lot more wealth and assets to the relationship, so they are trying to protect those financial assets.

However, when couples get divorced, they sometimes find out that their prenuptial agreements are not valid. What are some reasons that this could happen?

Time to consider the prenup

First off, both people need to have enough time to carefully consider the prenuptial agreement. They need time to read it, and it’s not going to stand if they never read the document at all. Additionally, if there isn’t enough time until the wedding, they may be under duress and feel like they are being pressured to sign the prenup. That could also invalidate it.

Provisions that won’t stand

It’s also important to note that certain provisions can’t be included in a prenup, including anything that is illegal. Additionally, while prenups are often used for financial decisions, they typically cannot be used for any child custody decisions.

Lack of capacity

Finally, in some rare cases, it will be shown that one person didn’t have the mental capacity to sign the prenup. This could be due to a chronic condition or an injury, such as a traumatic brain injury. But it could also be due to alcohol and drug use. Someone who signs a prenup when they are intoxicated may argue that it shouldn’t stand, for example.

It’s important to know the regulations surrounding prenuptial agreements. Those who are getting divorced must be well aware of all of the legal options at their disposal.