Top 10 Reasons a Premarital Agreement May be Invalid

Not in Writing – A prenuptial agreement can only be enforced if it is in writing.

Improper Execution – A prenuptial agreement will be considered valid only if it is signed before the marriage.

Coercion – If the agreement was signed under coercion, it will not be a valid agreement

Signed without Reading – If one spouse signed the agreement in a hurry without reading it due to pressure from the other spouse, then the agreement will not be valid.

Lack of time – Both spouses must be given sufficient time to consider the agreement before signing.

Terms – While a prenuptial agreement can include terms on just about any aspect of the relationship, it cannot determine child support obligations or contain any term or provision that is illegal or violates the law. The entire agreement will not become invalid if it is possible to strike out the particular provision that is illegal or violates the law. The remaining provisions will continue to be valid and enforceable.

Non Disclosure – Both parties must provide complete disclosure about the finances of the parties including income, liabilities and assets. If either parties conceals information or provides incorrect information, the agreement will be invalid.

Incomplete information – Both parties must provide the required information. Failure to do so will make the agreement invalid.

Attorney – Both parties must be represented by their own attorneys. In some states this is a legal requirement.

Grossly Unfair – While both spouses are free to decide on the terms, a prenuptial agreement that is grossly unfair to one spouse such as one spouse being subject to severe financial hardship, the court will refrain from enforcing it.

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