If you’re going through a divorce and have a prenuptial agreement, you may assume that many details of the divorce have already been decided. For instance, you and your spouse may have already agreed on how to split some of your marital assets. This can streamline the process and reduce the odds of a dispute.
However, it’s important to remember that a prenuptial agreement may not always be valid. If the court determines that it’s invalid, they could throw out some or all of the agreement, meaning you lose the protections you were counting on. Why might this happen?
Potential reasons for an invalid prenup
Each case is unique, but here are a few of the most common reasons:
- The information in the prenup was incomplete, or one party committed fraud by lying about their assets.
- The prenup was not signed until right before the wedding, giving the other party no time to read and consider it.
- One party was under the influence of drugs or alcohol, or otherwise incapacitated when they signed.
- The prenup was signed under pressure, under duress or through manipulation, rather than freely and willingly.
- Some of the provisions in the prenup are either illegal or invalid.
It’s important to remember that you can’t put just anything in a prenup, even if it pertains to divorce. For instance, a prenuptial agreement might state that one spouse gives up all child custody rights, but addressing child custody in a prenup is illegal, so that provision won’t stand—even if both parties signed the document. If you run into complications with the prenup or during your divorce, take the time to carefully consider your legal options.