This articel represents 10 Reasons to Invalidate a Prenuptial Agreement
- IT IS NOT IN WRITING. The prenuptial agreements must be in writing to be enforced.
- IT WAS NOT MADE PROPERLY.Both parties must sign the agreement before the wedding in order for the agreement to be valid.
- THERE WAS PRESSURE.A prenuptial agreement is not valid if one of the spouses was pressured by the other (or by his or her lawyer or family) to sign the agreement.
- YOU DID NOT READ IT. If your future spouse has put a bunch of papers in front of you –including a prenuptial agreement– and asked to sign quickly, the agreement could not be binding if you signed it without reading it.
- THERE IS NO TIME FOR CONSIDERATIONS.You must give time to the spouse to review the agreement and think about if you want to sign it. If the groom gives a pen to the bride and asks her to sign it just before that she says, “I agree,” probably the agreement will be invalid.
- PROVISIONS INVALID. Although a prenuptial agreement may contemplate almost all financial aspects of the couple, can not in any way modify the child support obligations to a child that would have any of the spouses if a divorce. Any other provision of the agreement that violates the law will be invalid.It is possible, however, that the court invalidated the clauses to be illegal and to enforce the remainder of the agreement.
- FALSE INFORMATION.A prenuptial agreement enters into force only when both parties have disclosed all their financial status, that is to say, your income, your assets, and your debts. If one of the spouses gives false information to another, the agreement is not valid.
- INCOMPLETE INFORMATION.Failure to provide pertinent information is as bad as providing false information, and also invalidates the prenuptial agreement.
- SHARE THE LAWYER. Because the interests of each party are at stake, a prenuptial contract each of the parties should (and in some states must) be represented by your private attorney. Otherwise, the agreement will not be enforced.
- WITHOUT SCRUPLES. Certainly you can agree to waive the right to inherit something from your spouse, inheritance to which otherwise you would have been entitled to if your spouse passed away; even if he or she have not included you in their will. In the same way, even if your spouse won ten times more than you, you could waive your right to spousal support if it ended in divorce in the court. And, if you want, you can even agree that your spouse will stay with all of the goods and you only with bills and expenses. But if the agreement is so blatantly unfair that one of the parties is seen economically affected while the other thrives, the court shall not require compliance. Contracts “unscrupulous” is generally declared invalid, and prenuptial agreements are no exception.
