You signed a prenuptial agreement before you got married, and now you and your spouse are splitting up. It's been 10 years, and you're wondering just how valid that prenup really was. Is it going to hold up or not?
Every case is unique, but here are a few of the top reasons why people have invalid prenups. Many times, they do not even know the agreements are invalid until they get to court.
- The prenup wasn't signed at the right time. Maybe you signed it before the wedding, but your spouse forget to sign until a week later.
- You never actually got the agreement in writing. Yes, you talked about it and shook hands, but there is no physical document.
- One of you never read the paperwork before signing. Maybe you showed it to your spouse and he or she just flipped to the last page, signed and went on with the day, never figuring it would be used.
- Someone signed under duress. For example, perhaps you did not want to sign, but your spouse put pressure on you by threatening to cancel the wedding after a number of large, non-refundable deposits had been made. You signed, but just to save money.
- There are lies or false information in the prenup. Your spouse claimed to have just $10,000 in assets when he or she really had $80,000.
- You did not take time to consider it properly. For instance, if you signed the document the night before your wedding, there's a good chance it will not stand in court.
It is critical that you understand your rights during the divorce process, and they could be impacted by a prenup. Make sure you know if it is valid and what it means for your future.
Source: FindLaw, "Top 10 Reasons a Premarital Agreement May be Invalid," accessed April 20, 2018