Many people draft a prenuptial agreement so that in the event that they must get a divorce, their best interests and personal property are protected. However, too often people enter into divorce only to learn that their prenuptial agreement is not enforceable. This is shocking, as the assets that people thought were going to be left out of the divorce process are now subject to property division rules. For this reason, it is advisable that everyone understands what will deem a prenuptial agreement unenforceable, so that should the time come, they can enjoy the protection that they thought they had in place.
Incorrect Financial Information
When drafting a prenuptial agreement, each partner in the relationship must fully disclose their assets, income, and debts. This is very beneficial because it can help prevent arguments in the marriage regarding property and money, which is one of the leading causes for marriages to break down and for individuals to get a divorce. However, it is also extremely important that each spouse is honest about these terms when drafting a prenuptial agreement because if they are not, the agreement could be deemed unenforceable.
One Spouse Did Not Sign the Prenup Willingly
A prenuptial agreement is a contract and as such, each partner entering into it must agree to the contract and sign it willingly. When this is not the case, the contract is considered invalid. No partner should be under the influence of alcohol or drugs when they sign the prenuptial agreement, nor can they be forced or coerced into the agreement. Each partner should read the entire prenuptial agreement and fully understand the terms outlined within it before they sign. Proving that one of the parties did not consent to the prenuptial agreement is extremely difficult, so individuals that want to make this argument should speak to a lawyer that can help....