A prenuptial agreement is one of the most valuable contracts an individual might ever execute. Provided that the agreement is valid, it can simplify divorce proceedings. Spouses often use prenuptial agreements to set aside resources as separate property when they divorce. They can also use prenuptial agreements to roughly plan for the division of their property.
Most of the time, a prenuptial agreement paves the way for a faster, less contentious divorce. However, sometimes prenuptial agreements do the opposite. There may be conflict about the document after one spouse claims that it is invalid.
In what scenarios could complaints about the validity of a prenuptial agreement carry legal weight?
When the agreement does not have proper disclosures
A prenuptial agreement must include the disclosure of all assets and debts of each spouse. Absent that disclosure, the agreement will not be valid. If there is a failure to disclose certain assets, those assets can be excluded from the protections of the premarital agreement.
When the agreement is unconscionable
Many prenuptial agreements do not hold up under scrutiny because they clearly only protect one spouse. Contracts generally need to offer something of valuable consideration to both parties. If a prenuptial agreement focuses exclusively on the protection demanded by a higher-earning or more affluent spouse, then the agreement may not actually be fair and enforceable.
When one spouse signs under duress
Perhaps the spouses belong to a conservative culture. They announced their engagement and had family members traveling from across the country for the wedding. Unfortunately, one of them may have demanded a prenuptial agreement shortly before the wedding. They may have threatened to cancel the ceremony that many people had invested money in, leaving the other fiancé feeling as though they truly had no options. Maybe the person who agreed to sign was pregnant and felt desperate to secure the support of their future spouse as they prepared for motherhood. If one party can convince the courts that they did not sign of their own free will but rather due to duress, then the courts may agree that the agreement is not valid.
When only one spouse had a lawyer
Frequently, prenuptial agreements require careful review and negotiation between the spouses. In some cases, one attorney might draft the document, and then both spouses might sign it. In such scenarios, the spouse not represented by a lawyer could theoretically assert that they did not understand the terms of the agreement and its implications for their future. In scenarios where one spouse had legal representation but the other did not, the courts will consider whether the non-represented spouse was given adequate opportunity to consult with an attorney and chose not to do so.
Raising questions about the validity, and therefore the enforceability, of a prenuptial agreement could help people protect themselves as they prepare for divorce. Invalidating or defending a prenuptial agreement during divorce can be a complicated process that requires careful planning to ensure a positive outcome.
