When you sign a prenuptial agreement, you do so to protect your interests in the event of a divorce. Therefore, you may think that you have everything covered, only for the agreement to be voided when the time comes.
You may be left dealing with unexpected financial consequences when this happens. Remember, you will split marital assets according to this state’s laws without a valid and legally enforceable agreement. Below are some reasons a court may revoke a prenup.
Lack of full financial disclosure
When signing a prenup, both parties must come with clean hands. It means full disclosure of all their assets and liabilities at the time of signing. If one spouse hides assets or fails to provide accurate financial information, the court may set aside the prenup.
Coercion or duress
A prenup must be signed voluntarily, with both parties having the opportunity to seek independent legal counsel. If one spouse was coerced or threatened into signing the agreement against their will, the court cannot enforce it.
Unfair terms
A prenup is not an oppression tool. It’s legally intended to be a practical and responsible way for couples to address financial matters and protect their interests before marriage. A prenup can be invalidated if it disproportionately factors one spouse over the other.
Execution flaws
A prenup must be properly executed to stand in court like any other legally binding agreement. A prenup may be deemed invalid and struck out if it lacks the necessary signatures or notarization.
Think of a prenup as your safety net when the marriage falls through. You cannot afford to take any chances, especially when the stakes are so high. Seeking legal guidance can help you avoid costly mistakes and craft a solid prenuptial agreement to look out for your financial interests.