A prenuptial agreement isn't something that you want to draft yourself. Many people think that a contract is legally binding as long as both people have agreed to it. But nothing could be further from the truth. There are a number of common things that can invalidate a prenup. Here are the top six.
1. It Isn't Fair
The first thing your prenuptial agreement lawyer is going to explain to you is that a prenup has to be fair. That means both parties need to get something out of it. You can't draft a legal contract that says "I get everything and the other person gets nothing," even if the other person agrees. It will get thrown out of court. This is known as being "unconscionable," and it's up to the judge to decide whether the agreement is too lopsided.
2. It Was Under Duress
And duress doesn't mean a gun to the head. If there's any indication that your fiance or fiancee doesn't want to sign the prenup, that could call it into question.
3. It Wasn't Explained
If someone didn't have representation during the prenup drafting and wasn't explained it by a professional, they can argue that they didn't properly understand the contract.
4. It Was Rushed
You can't throw a contract at someone, ask them to read it in five minutes, and then have it hold up in court. If you rush someone through reading a contract, it can easily invalidate it. Both parties need time to carefully review the contract and understand the consequences.
5. It's Illegal
There are some provisions that are simply illegal, and inserting them into a contract could make the contract itself void. This is why someone needs a thorough understanding of the law to draft a contract such as a prenup.
6. It's Fraudulent
If something is misrepresented in the prenup, it can also invalidate the prenup. Consider that a prenup could misrepresent someone's wealth. In this situation, the contract itself is void because the premise of the contract was always void. It's important that neither party try to hide things within the prenup, and that neither party avoid revealing things about their own financial situation going into the marriage.
Because of the above, it's critical that you work with a prenup attorney. A prenuptial agreement attorney will be able to go over your prenup with you and your soon-to-be spouse and tell you anything that could become problematic in the future.
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