Jewell Law PLLC
Call today (212) 856-7273

Creating Futures One
Person at a Time

Invalid prenuptial agreements: Will yours hold up in court?

There are several reasons why a prenuptial agreement might not be valid. As such, if you have a prenuptial agreement, or if you're planning to enter one, you may want to review the following reasons to determine if your prenuptial agreement will hold up in court in the event of a divorce.

Here are several reasons why a particular prenup might not be valid:

  • Your prenuptial agreement is misleading or fraudulent: As a part of a prenup, spouses must disclose everything related to their finances. If they don't report all of their assets or debts, for example, it could result in a fraudulent prenup that could be invalidated by a family law judge.
  • The prenup was coerced: If any signs of coercion or duress were involved in the signing of a prenuptial agreement then the individual who signed it probably didn't do so willingly. As such, it's doubtful that it was a valid legal agreement. Illness or intoxication at the time of signing a prenup could also invalidate the document.
  • One of parties didn't have legal representation: It's vital that both parties to a prenup understand the legal ramifications of signing such a document by having the document explained to them via legal counsel.
  • The agreement isn't fair: If a prenup doesn't treat both sides equally and fairly, then it probably won't be viewed as valid.

Prenuptial agreements should be drafted and signed carefully to ensure that the documents are valid. Couples may also want to review and update their prenups every five to 10 years to ensure that a court will view them as current and valid should they ever be necessary.

No Comments

Leave a comment
Comment Information

Jewell Law, PLLC | 555 Fifth Avenue, 17th Floor | New York, New York 10017-9254 | Phone (212) 856-7273 | Map & Directions