Because marriage is not only a romantic relationship but also a business relationship, many couples sign prenuptial agreements. A prenuptial agreement is a contract signed by couples before they enter into a marriage. It addresses the property and financial rights of each party in the event of a divorce. It is a great tool in the unfortunate event of a divorce.

Let’s take a look at what makes a prenuptial agreement invalid.

1. It is not written.

Prenuptial agreements must be in writing to be enforceable.

2. It is not signed by both parties.

Both parties must sign the prenuptial agreement before they marry.

3. One party was coerced to sign it.

Both parties must freely and voluntarily sign the prenuptial agreement. A prenuptial agreement may not be valid if one of the parties was pressured or coerced to sign it. This can include pressure, not only from the other party, but from his or her lawyer and family members as well.

4. One party did not read it.

Both parties must read the premarital agreement. You cannot just sign the contractual agreement without knowing what the contents of the agreement are.

5. One party did not understand it.

In addition to number 4 above, both parties have to understand what it is they are agreeing to when signing. Certain rights are being signed away, so it is imperative both parties comprehend the contents of the prenuptial agreement.

6. There is false information.

A prenuptial agreement is valid only if there was full disclosure by both spouses in regards to assets, income, and debts/liabilities.

7. It contains child support or child custody provisions.

Courts have the power to determine child support amounts and custody provisions due to public policy. They get to decide what equivocates to the standard for these decisions, which is based on a “best interest of the child” standard.

8. It cannot be grossly unfair.

In other words, the prenuptial agreement cannot be unconscionable. There cannot be any provisions that would make divorce a financial incentive. This goes against public policy. Courts do not want to validate agreements that encourage divorce. Essentially this is a catchall, which gives judges discretion on whether a prenuptial agreement can be enforced.

^{DISCLAIMER: The following information found on www.legalattraction.com is provided for general informational purposes only. It may not reflect the current law in your jurisdiction. No information contained on this website should be construed as legal advice or the creation of an attorney-client relationship. This information is not intended to be a substitute for legal representation by an attorney.}