Is that prenup valid? 5 reasons why not

| Oct 12, 2020 | Family Law |

If you’re getting divorced and you have a prenup, it’s natural to feel like some of the planning has already been done and to think that reduces the confusion and stress of the divorce. For instance, your prenup may list important separate property that you want to keep, and you feel sure that you will get to keep it. Someone without a prenup might be worried that the court will decide it’s a marital asset and split it between both people.

In theory, this is exactly what your prenup should do. One key thing to ask yourself, however, is just how valid that prenup really is. If it turns out that the court thinks it’s invalid, they may toss it out and you are right back where you started. Here are five potential reasons for an invalid prenup:

  1. It includes false information or was written based on that false information.
  2. One of you failed to disclose your assets; maybe someone intentionally hid assets or perhaps it was an oversight.
  3. You never actually got around to signing the prenup and filing it properly.
  4. One of you claims to have been put under duress or pressured into signing. If the court doubts you signed freely, the agreement may not stand.
  5. One of you failed to read the prenup and did not actually know what it was they were signing.

These are not all of the reasons for an invalid prenup, but they help show you how it may not be as reliable as you assumed. No matter which side of this you’re on, it’s critical to know your options if there are any questions.