When is a Prenup Considered Invalid?

 Posted on November 14, 2013 in Divorce

Occasionally, people decide that they need a prenuptial agreement before saying yes to marriage.  That can be to protect assets such as a home or business in the event of a divorce.  It is easy to understand a prenup if you consider it a type of contract in case the marriage ends.  The prenup will define how assets will be divided and acts as a blueprint for other aspects of divorce including spousal support.

Prenuptial agreements are appropriate for those with a large amount of assets or a small amount and are becoming more popular in the last couple of years.  However, a prenuptial agreement is not always considered valid if certain mistakes are made during the process.  In order to avoid those critical errors, it is important to understand what they are.

1. Not Disclosing or Undervaluing Assets

One of the requirements of a valid prenuptial agreement is total transparency of all assets, properties and debts.  The failure to correctly itemize and assess your assets can result in a divorce court to invalidate the prenup.

2. The Signing was Coerced or Pressured

Another requirement of a valid premarital agreement is the willfulness of each party.  If it is uncovered that one of the signers was forced into the agreement or not in the proper frame of mind.  For example, if one of the signers was under the influence of alcohol or other drugs, then they might have lacked the capacity to understand the agreement which could render the prenup invalid.

3. The Documents are not Properly Executed

Prenups should meet certain basic standards to be enforceable.  They must be written down and signed by both parties.  The signatures must be notarized.  There should be four signed copies to be kept by each spouse and their legal representation.  To ensure that your prenup is correct and legally binding, contact an experienced family law attorney in DuPage County today.