-Did you sign a prenuptial agreement with your spouse and are wondering if you can challenge it? Yes, there are various grounds on which you can contest a prenup and render it invalid.
Read on to learn more about 4 reasons why a prenuptial agreement can be invalid.
The Information Provided Is False
This is the most common ground for prenuptial agreement invalidation. Both spouses must provide accurate details of their assets when drafting this agreement. But if any parties hide critical information or undervalue their assets, this may be termed dishonest, rendering the agreement invalid.
You can contest your prenup on this ground if you prove that your partner provided misleading information. The court will examine the evidence and determine if it is true or false.
You Didn’t Sign the Agreement Freely
A prenup can become invalid if someone forces one or both parties to sign it. Prenups are sensitive documents that you shouldn’t sign under coercion or duress. Besides, you must be mentally stable to sign any legally binding agreement, including a prenup.
A court can render a prenup invalid if there are clear signs of duress. However, every state defines this situation differently, so the court will decide whether to throw out the prenup or not.
You Signed Without an Attorney
Legal representation is vital when drafting or signing any agreement. With prenup, both parties must have independent attorneys representing them. Not everyone can understand legal terminology, so it’s possible not to understand all the details of a prenup.
There can be a chance to invalidate a prenup if you initially signed it without an attorney. Some states have legal representation as a requirement for signing agreements. And if this applies to you, be sure to adhere to the requirements.
Some Terms in the Prenup Violate the Law
You can review all the clauses in your prenup to see if they violate the law. Every state has its own unique regulations that should guide the signing of prenuptial agreement. A court won’t uphold the prenup if a clause violates state laws, even if it was already signed.
This is one of the reasons for working with an attorney even when nullifying a prenuptial agreement. They can use their industry experience to find loopholes in the agreement that might render it invalid.
A prenuptial agreement can protect your assets if your marriage fails. But before signing one, you must ensure everything is in order. This includes understanding the unique instances that it can be contested and rendered invalid. It is advisable to seek professional guidance when drafting a prenup, signing it, or challenging the agreement.
Are you looking to draft a prenuptial agreement? Regardless of your state, Forms.Legal has the templates you can use to create your agreement. We will provide a prenup tailored to meet your state’s legal requirements. Please fill out the online form on our website and remember to keep the above issues in mind to avoid any troubles.