What Makes a Prenuptial Agreement Unenforceable?

When you create a prenuptial agreement, you hope that if you ever have to use it, that it is enforceable. An effective prenuptial agreement can be immensely beneficial for both parties, reducing the amount of time your divorce may take since you will have already addressed many of the most time-consuming and contentious matters. Unfortunately, there are some factors that can render your prenuptial agreement unenforceable.

Is Your Prenuptial Agreement Valid?

If you are planning on creating a prenuptial agreement, be sure to hire an experienced attorney who can assist you with the process and ensure that it is valid.

Here are some reasons why a prenuptial agreement may be unenforceable:

  • You did not put your agreement in writing.
  • Both parties must sign the agreement before the wedding for it to be considered valid and this was not done.
  • One spouse was intimidated into signing it. Intimidation can be done by the other partner, a family member, or even a lawyer.
  • There was not enough time to review the prenuptial agreement before signing it.
  • The terms of the agreement were invalid. For example, child-related matters, such as child support cannot be included in a prenuptial agreement. Such decisions are based on the best interests of the child.
  • One or both parties did not provide full disclosure of their finances.
  • Each party must have legal counsel for a prenuptial agreement to be enforceable. If only one spouse had an attorney, this could render the agreement invalid.
  • If a prenuptial agreement is so extremely unfair to one party, the court may consider it invalid.

A prenuptial agreement can serve as an important tool for both spouses in a marriage, so if you are considering this for your future, keep these factors in mind and speak to an attorney who can correctly guide you through the process.

Reach out to Our Experienced Family Law Team to Get Started on Creating Your Prenup!

A prenuptial agreement can provide substantial protections for both parties. At Ford & Friedman, our family law team will walk you through the process of creating this important legal document, so you can ensure your assets are protected if your marriage does not ultimately work out. You can feel confident in our team’s ability to help you create an effective and valid agreement.

Call our law office today at (702) 904-9898 to schedule a consultation with one of our attorneys to begin the process of creating a prenuptial agreement.