It is more common now than ever to enter into a prenuptial agreement. Many couples, especially those with a considerable net worth, decide to be proactive in the event of a divorce and hire an attorney to assist them with this process. This is also an important step to ensure that your prenup is legally binding and will be able to protect you and your interests if you were to get divorced. So, what happens if your prenup is not valid? Is it possible for a prenup to be invalidated? Today, we discuss which grounds will cause a judge to overturn a prenuptial agreement.
When Can a Judge Overturn a Prenup?
If you sign a prenup, it is important that you understand your rights and how to ensure your prenup is legally sound. Overturning a prenuptial agreement is possible, but not easy. At least one factor must exist that makes the agreement unfair, or unconscionable. Here are some things to look out for, which could cause a judge to invalidate a prenup:
• Prenup was unjust or one-sided
• One spouse did not disclose accurate information in the prenup (includes assets)
• Prenup was signed under duress
A judge will need to decide if the prenuptial agreement should be invalidated due to one of these grounds. Failing to adhere to these rules or disclose important information, such as assets, could lead a judge to overturn a prenup. Additionally, a prenup cannot have false information, be signed under duress, or be one-sided. Also, an oral prenup is not valid.
How to Ensure Your Prenuptial Agreement Is Legally Enforceable
There are no set-in-stone rules that govern how to overturn a prenup, but there are grounds a judge could take into consideration when determining if this agreement is legally enforceable. Here are the steps you should take to ensure your prenup is legally enforceable:
- Must be signed voluntarily
- Both parties must understand the terms (no vague or confusing language)
- Marriage must be legitimate
- Prenup is reasonable
- Prenup is signed in front of 2 witnesses and notarized
Can a Prenup Modify a Child Support Order?
A prenuptial agreement cannot modify the child support obligations of either spouse. Additionally, any other provisions that violate the law will not be enforced. A court could either invalidate the entire prenup or the clauses that are illegal.
Can You Change Your Mind After Signing a Prenup?
If you and your spouse change your mind after signing a prenuptial agreement and need to overturn it, you can do so. You can also sign a new agreement. You should consult with an experienced attorney before doing so on your own.
Why Hire an Attorney to Create a Prenuptial Agreement?
To ensure that your rights and interests are protected while creating a prenup, it would be advisable to consult with an experienced attorney. Here are some reasons why you should hire a lawyer for assistance:
• Ensure your prenuptial agreement is legally enforceable
• Help you craft an agreement that reflects your interests and protects your assets
• Understand the pros and cons of the agreement
• Assist with prenuptial agreement negotiations
Contact us online or call our office at (407) 753-4111 to schedule an initial consultation with our firm.