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Why a Premarital Agreement May be Invalidated

A premarital agreement is a critical method of protecting assets you bring into a marriage. While it’s important to trust the person you’re marrying, some people have ulterior motives and may file for divorce later solely to get half of those assets. Fortunately, you can work with a qualified attorney to draw up a prenuptial agreement, protecting you and your property from these situations. However, there are reasons for a premarital agreement to be invalidated if you should get a divorce. It’s essential to be aware of these factors so you can prevent a problem in the future.

Technical Reasons

In the legal field, one of the biggest reasons for invalidating a premarital agreement or any other legal agreement comes down to technicalities. For instance, if you solely make a verbal agreement, rather than putting everything into writing, the agreement may be thrown out if your soon-to-be ex-spouse takes the matter to court. It’s also essential to make sure both parties sign the agreement and each have a copy of their own, along with one on file with your attorney to prevent anyone from making unilateral changes to the agreement. A lack of detail or missing information can also lead to invalidation. Always hire a lawyer when you work on a premarital agreement to ensure everything contained in it is legally sound. Finally, talk to your attorney about impermissible items. For instance, prenuptial agreements can’t include terms regarding child custody or illegal acts.

Execution Problems

The other common reason for invalidating a premarital agreement is in the development or execution of the document. This is why it’s essential to work with an experienced family lawyer to ensure everything is done properly so it will hold up in court. For instance, both parties must be fully aware of what they’re signing. Working with an attorney ensures both parties have read through the agreement and understand everything before they sign it. When someone is found to sign the document under pressure or duress, it can reflect badly if the relationship leads to a divorce and can cause the judge to invalidate the document.

Always work with an experienced family attorney when drafting a premarital agreement. If you are the one on the other end of the spectrum, it’s also important to have your own attorney look it over to ensure everything is valid and fair.