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5 things that can invalidate a prenuptial agreement

On Behalf of | May 15, 2024 | Property Division

A prenuptial agreement can set up financial expectations for you and your future spouse.  It can contain information about who will get specific assets if you go through a divorce.  Some prenups also cover the assignment of debts that originated before a marriage.

While many people think that this kind of agreement is a sign of mistrust or that those who set them up feel that their marriage will fail, it’s not.  Instead, it’s a way that you and your betrothed can ensure you’re on the same page about finances.  Because of the nature of a prenuptial agreement, you must ensure you don’t make the following errors, which can invalidate it.

Including non-monetary terms

Unless your jurisdiction allows for lifestyle clauses, you can’t include non-monetary terms in a prenuptial agreement.  For example, there can’t be things like where you’ll vacation each year or that one person will be responsible for making sure the marital home is clean.

Putting in terms about children

The agreement can’t include anything related to child custody or support.  If you and your future spouse divorce, those matters have to be set based on what’s best for the children at the time of the divorce.

Misstating facts about financial matters

You can’t be dishonest about finances in the prenuptial agreement.  Hidden points and misstatements can invalidate the entire agreement.

Trying to force them to sign it

You can’t coerce your fiancé into signing the agreement.  They must sign of their own free will.  Balancing the terms is critical because even if they sign it freely, the court can toss it out if it overly favors one spouse.

Presenting it too close to the wedding

You can’t present the agreement right before the wedding.  You must allow your future spouse time to review the terms and seek legal assistance.  Because of this, it’s often best to give it to them early in the engagement.

It is critical to ensure that the prenuptial agreement protects both parties, so consider each aspect of this kind of agreement carefully.  If you’re getting married, it may be beneficial to work with a legal representative who can offer guidance.