How the validity of a prenuptial agreement can be affected

By |2022-04-06T19:16:47+00:0001 Aug 2015|Categories: Prenuptial Agreements|

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.

About the Author:

Dorie Anne Rogers - The Law Offices of Dorie A. Rogers, APC
Dorie A. Rogers, a Family Law Specialist, Certified by the State Bar of California, has been an attorney since 1981 with an exclusive family law practice located in Orange County. She is accepting dissolution cases with support and property issues including the use of forensics to ascertain business value, community interests and to establish monthly case flow analysis. Ms. Rogers has substantial experience in high conflict custody litigation involving sophisticated psychological issues. She drafts premarital and postmarital agreement designed to define and establish parties' separate and community property interests. Paternity cases and domestic violence matters are considered part of her practice. Ms. Rogers is a court-approved and court-appointed to represent minor children.Ms. Rogers consults with individuals concerned about entering or exiting a relationship. She advises effective strategies for dissolution or premarital planning. Knowledge is power and good planning affords better results.Specialties: Family Law Specialist, Certified by the State Bar of California
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