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Could a prenuptial agreement be invalid?

| Nov 22, 2016 | Property Division

Are you interested in creating a prenuptial agreement? If so, you know that this is easier said than done.

Not only are there steps you need to take from a legal perspective, but you’ll need to discuss this with your soon to be spouse.

There are times when a prenuptial agreement can be considered invalid, with these reasons among the most common:

— There was no written agreement. In other words, a prenuptial agreement cannot be a verbal agreement.

— It was not properly executed. For example, a prenuptial agreement must be signed by both parties before the wedding.

— One party pressured the other. A prenuptial agreement can be considered invalid if one spouse pressured the other into signing.

— You did not read the prenuptial agreement before signing. If somebody asks you to sign a prenuptial agreement without reading it, it may be considered invalid by the court.

— Invalid provisions. A prenuptial agreement can include many things, however, there are some aspects of a marriage that it can’t touch on. For example, a prenuptial agreement is not able to modify any child support that a spouse would have to pay in the event of a divorce.

If you’re interested in a prenuptial agreement, it’s important to do everything the right way from the very start. This means working with an attorney to craft the agreement and sitting down with your spouse to discuss what it means.

When you do everything the right way, you won’t have to worry about the prenuptial agreement being deemed invalid in the event of a divorce.

Source: FindLaw, “Top 10 Reasons a Premarital Agreement May be Invalid,” accessed Nov. 22, 2016

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