A prenuptial agreement can be very helpful during a divorce. If you’re worried about how to divide your assets with your ex, a prenup allows you to address some of these issues in advance. Many people use them to protect a business, inheritance, investments or substantial wealth they brought into the marriage.
However, not all prenuptial agreements will stand in court. If a court deems your prenup invalid, you could lose some of the protections you anticipated. So, why might this happen?
False or incomplete information
One reason is if you provided false information or incomplete details, which could be considered a form of fraud. For instance, if your spouse signed a prenup without an accurate assessment of your assets, they could argue that they didn’t fully understand what they were agreeing to.
They didn’t sign it of their own free will
Additionally, both parties must sign the prenup voluntarily, without any outside influence. If your spouse was pressured, threatened or manipulated into signing it, the agreement could be invalidated. Similarly, if they lacked the mental capacity to sign—such as being intoxicated at the time—the document may not hold up in court.
Addressing issues outside the scope of a prenup
Finally, a prenup cannot be used to make all decisions during a divorce. For example, it cannot include provisions about child custody rights. Custody is determined by the court during divorce proceedings based on the child’s best interests. If a prenup attempts to address non-financial matters like custody, it may be declared invalid.
Divorce can be complex, particularly if there are questions about the validity of your prenuptial agreement. Be sure to carefully consider all of your legal options as you move forward.