An invalid prenuptial agreement does not do you any good, even if you spent your entire marriage thinking that it was valid and that it was going to protect your assets during the divorce. The court can throw the agreement out for various reasons and make its own decisions about your assets.
If you are worried about this, then you’ll want to find out if it’s invalid now before you need it, and it’s not worth anything. You may find that you’re able to draft a postnuptial agreement to correct any errors.
Reasons that the agreement could be invalid
Numerous details could invalidate a prenup. Some of the most common things that could include:
- If it’s written in a way that seems unreasonable or one-sided
- The prenup contains illegal provisions or touches on issues that are not allowed, such as child custody
- One of the parties wrote or signed the prenup under duress or too close to the wedding date
- Any agreements you and your ex made were verbal instead of written ones
- Your spouse claims that you tricked them into signing it — that you perhaps told them that they were signing a different legal form
As you can probably tell, it may seem subjective, determining whether a prenup’s contents are biased. Sorting out whether a spouse willingly entered into such an agreement can be challenging as well.
What to do if you have a prenup and are preparing to divorce
If you’re getting divorced and have a prenup, then knowing its status is a critical step in the divorce process. It may dictate how property division discussions go. You’ll want to understand your legal options whether it’s valid or not so that you can mentally prepare for what comes next in your case.