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How can my prenuptial agreement be found invalid?

Prenuptial agreements serve an important purpose for those entering a marriage. These documents, often thought of as marital contracts, specify many aspects in order to protect assets and rights. Therefore, asset possession may be delineated, marital duties specified, and joint business matters might be addressed. However, in order for these provisions to carry weight in the event of a divorce, the agreement must adhere to specific rules. Below are some of the most common reasons why a prenuptial agreement may be found invalid.

There are many ways a prenuptial agreement can be ruled invalid. First, in order to be valid, the agreement must be in writing. Second, both parties to the agreement must sign the document in order to show that each party agrees to its terms. Third, an agreement may be found invalid if you were pressured into signing it. Fourth, you must read the agreement and have adequate time to consider its provisions before signing. Fifth, certain clauses in the agreement may be stricken, including those related to illegal activities or that address inappropriate financial matters, such as child support.

Additionally, a prenuptial agreement may be found invalid if the parties adhering to the document do not fully disclose their income, assets, and debts. Providing false information can also cause an agreement to be found invalid. It is also important that both parties are represented by independent counsel so that their best interests are protected. Lastly, if a premarital agreement is grossly unfair, then it may be deemed unconscionable and thus invalid.

Getting married is a major step in life. Before you say "I do," it may be in your best interest to speak with a legal professional about the applicability of a prenuptial agreement to your specific situation. Then, when financial parameters are set, you can focus on your future with your new spouse.

Source: FindLaw, "Top 10 Reasons a Premarital Agreement May be Invalid," accessed on May 11, 2015

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