Just like many other contracts, a prenuptial agreement may be invalidated under certain circumstances. While prenuptial agreements can provide Texas couples with financial security during and after their marriages, if they are poorly drafted or improperly executed, they may not stand up to a court’s scrutiny upon review. This post will touch on some of the key reasons prenuptial agreements are invalidated, but readers are reminded to have their own family law attorneys review their prenups to ensure that no other aspects of the documents are neglected.
Simple problems with a prenuptial agreement’s formatting may result in it being invalidated. Prenuptial agreements must be written down; while some contracts may exist as oral agreements, prenups must be in writing. Additionally, prenuptial agreements must be signed by both parties to the relationship; otherwise, they may not be valid and enforceable.
Similar to other types of contracts, prenups must be created between two willing parties. One party may not force the other to enter into the agreement, and duress may not play a role in compelling one to sign when they may not feel that it is prudent. Parties to prenuptial agreements may not be rushed into signing and these agreements generally may not be used to compel marital partners into action.
When a court looks at a prenuptial agreement it will decide if the document was property drafted, responsibly executed, and that it does not contain any provisions that may invalidate the document. It can be helpful for individuals to have a board-certified family law attorney review the prenup prior to execution to make sure that the terms and conditions contained therein will hold up in court.