How the validity of a prenuptial agreement can be affected
Drafting and finalizing a prenuptial agreement takes time. You want to make sure that you have everything that you feel is important included in this agreement, but also make sure that it is fair. Once everything is complete, the prenup may be forgotten about until the couple decides to file for divorce. People may be under the impression that prenuptial agreements are valid as long as documents are signed. It is true that both parties need to sign a prenup in order for it to be valid, but there are other things that must be done to ensure its validity.
The following can affect the validity of a prenuptial agreement:
- False information is provided in the agreement.
- Failure to sign the agreement prior to getting married.
- Time was not given to review the agreement prior to signing.
- Agreement is not written.
If any of the above mentioned are not done, the prenup may be considered invalid. If this happens, the couple may be at risk of having to divide property evenly or having to negotiate alimony. Having to figure out how property will be distributed and discuss alimony payments will just prolong the divorce process and create more issues that could have been avoided if the prenup was considered valid.
If you take the time to get a prenuptial agreement drawn out, you want to make sure that it is valid and will hold up in court, should you decide to divorce your spouse. With the help of an attorney, you may be able to create a prenuptial agreement that you feel is fair and one that will be valid. After spending so much time drafting and finalizing a prenuptial agreement, it could be stressful to find out it is not valid, which is why you should be sure that everything is done correctly.
