Prenuptial agreements are drafted prior to getting married, and they generally deal with what would happen if a divorce did occur. These are sometimes used when people want to protect their assets to make sure that they wouldn’t go to their spouse if the marriage ends.
However, not all prenuptial agreements actually stand in court if the couple does get divorced. Here are some reasons why your prenup could be declared invalid.
1. It addresses the children.
First and foremost, remember that prenuptial agreements are only supposed to talk about finances. You cannot give up your rights to child custody, nor can you ask your spouse to do so. Child custody is supposed to be determined based on the best interests of the child, not on decisions made by the parents.
2. It was signed under duress.
If your partner was under duress and felt pressured to sign the agreement, that can also invalidate it. The goal is to have both partners mutually agree and sign it of their own free will. Someone who has been coerced into doing so doesn’t have to abide by it.
3. There wasn’t enough time.
Finally, you do want to make sure that you set up your prenup well before the wedding. If there wasn’t enough time for someone to read it or consider it, then it may not stand. In some cases, the pressure of this time constraint could be considered a form of duress.
Are you getting divorced?
Prenups are supposed to make divorce easier, but you can see how that does not always work out. If you’re going through a complicated divorce, always make sure you know what options you have.