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Is my prenuptial agreement valid?

On Behalf of | Mar 26, 2020 | Premarital Agreements

While prenuptial agreements have a bevy of benefits, it is important to understand that they must follow specific rules to be valid under the law. Even if both parties have signed a prenuptial agreement, if divorce occurs and the couple invokes the prenuptial agreement, it is possible that the agreement is not valid. 
There are many factors that could potentially negate a prenuptial agreement. According to Findlaw, the most common reasons for invalidating a prenuptial agreement include no written agreement existing, one party signing the agreement due to external pressure, or one party providing false information. 
What makes these invalidating conditions? 
Having a verbal prenuptial agreement is the exact same as having no agreement at all in the eyes of the law. Even if it is true that both parties agreed to certain provisions in the event of divorce, if it is not written down and recognized by the law, it cannot come into play during divorce proceedings. 
It is also reasonably common for one party to sign a prenuptial agreement due to outside pressure. This is particularly common in relationships where one party has more assets than the other party. It is also possible for one party to experience pressure regarding a prenuptial agreement not due to the spouse, but by the spouse’s lawyer or family. 
What is false information? 
In order to preserve the validity of a prenuptial agreement, both parties need to be providing true information at the time that both parties sign the prenuptial agreement. If one party holds back assets or did not disclose them at the time of signing, then this invalidates the prenuptial agreement.