The creation of a prenuptial agreement prior to a wedding can save you and your spouse-to-be plenty of stress and heartache should you ever get divorced. This document can cover quite a bit of different items, clearly defining how assets will be divided upon your divorce. But, there are ways the agreement can be deemed invalid, which we will discuss in this post.
One of the most common reasons why a prenuptial agreement has been declared invalid is the fact that one of the parties was not given ample time to review the document prior to signing on the dotted line. Neither you nor your spouse-to-be can hand the document to the other party hours before the wedding and expect that person to sign the document immediately.
Each party involved is required to have separate attorneys for the creation of the document. This means that if one attorney represents both parties, the document will not be deemed valid in a court of law.
All prenuptial agreements must be made in written form. Any agreements made orally will not be viewed as valid. The agreement has to be written so that it can be legally signed and referenced when necessary.
A prenuptial agreement will be declared invalid when there is missing or false information present. All information must be presented when the agreement is created. Information created must be honest and not falsified.
Was your prenuptial agreement declared invalid? An experienced Oneida divorce attorney can help you fix the issues so that the agreement can then be validated as a legal document.
Source: FindLaw, “Top 10 Reasons a Premarital Agreement May be Invalid,” accessed Aug. 11, 2017