Going through a divorce or a separation is among the most challenging and stressful events in life. However, the process is easier for couples with a valid prenuptial agreement.
A prenuptial agreement acts as a protection for couples getting into marriage in the event of divorce. No one wants to imagine their marriage will fail. However, having plans for the unknown future is a form of protection that indicates nothing about your marriage.
To get a prenup enforced in your divorce, it must be valid. If it is not done right or if some parts are not legitimate, it will not be enforceable in court. To help create a valid prenup or find out if it is enforceable, you should work hand in hand with a reputable divorce lawyer.
This brings us to the question, what makes a prenup invalid?
What Makes a Prenup Unenforceable?
Lack of a Written and Signed Document
The court does not rely on verbal agreements to make rulings. Any arrangements made between the couples regarding their investments and money do not hold water unless they are written.
If your partner keeps you company through the long night while writing your book and promises not to demand a single dime from the book income, the only way this is held true in court is if there is signed documentation.
Another major issue that renders a prenup unenforceable is if the parties did not disclose all assets, debts, incomes, and liabilities when getting married. Couples must disclose their financial positions honestly to give the other party a clear picture of what they are getting into.
Some people might not want to marry a person in heavy debt, hence the need for honesty and complete transparency.
Violation of State Laws
A prenup that conflicts with the state laws cannot be enforced. Couples are advised to consult a lawyer when creating a prenup. Before presenting the prenup in the event of divorce, the document must not have provisions that go against the law in relation to child custody or financial distribution.
In addition, the prenup will be declared invalid if it includes provisions that affect one party more than the other.
Lack of Legal Counsel
A prenup boils down to personal interest. Each partner needs to understand what they are agreeing to and what it will mean in case of divorce. Ignorance is not a valid legal defense. The law expects you to consult an attorney who can explain the terms of the prenup.
You cannot successfully claim you did not understand what you were agreeing to.
Unwillingness to Sign the Prenup
A prenup cannot be enforced if one of the parties was forced into signing the agreement or if they signed under the influence of drugs. Moreover, both parties should be given enough time to read and understand the document before signing.
Consult a Divorce Lawyer
Divorce is rampant in current marriages, but that does not make it easy. It is and will remain a difficult encounter. When you need help with a complicated divorce like an invalid prenup, consult an experienced divorce lawyer to guide you through each step of the process.
Article Submitted By Community Writer