Many couples opt for prenuptial agreements to protect their assets after they are married. Moreover, while many couples view a prenuptial agreement as the be all, end all contract, the truth is that a prenup that is airtight and free from issues is very rare, and several things might cause a judge to overturn a prenuptial agreement.
As far as prenuptial agreements go, there are no specific overarching rules to govern such contracts. The statutes regarding prenuptial agreements vary significantly from one state to another, and in most cases, the judge reviews the prenup and decides on the case depending on the circumstances and individual merit of the claim.
Questions Asked When Determining If a Prenuptial is Invalid
When an individual retains an attorney for a divorce or a dispute about a prenuptial agreement, the attorney will ask three questions. The answers to those questions can help determine whether the prenuptial agreement is valid or could be overturned. Those questions include:
• When was the prenup signed?
• Where was the prenup signed?
• What were the conditions under which this agreement was signed?
Those three questions play a significant role in whether the prenuptial agreement can be invalidated. Here are how those three questions and their answers come into play:
Timing plays a vital role in evaluating a prenuptial agreement. If a couple signs the contract just a few days before they were married, it is easier to break the deal because one party can argue they didn’t have adequate time to understand the contract terms fully. Many states have enacted the Uniform Premarital Agreement Act terms, which require a prenuptial agreement to be signed far in advance of the wedding for it to be valid.
Duress also plays a role. While it could go hand in hand with timing, it might also imply that a spouse was pressured to sign the agreement. Rather than the individual signing the agreement willingly and with understanding, the spouse was forced into signing the contract because of stress, threats, or limited time. As an example, the bride could feel pressured into signing the agreement after thousands of dollars have already been invested in a lavish wedding.
Were Assets Fully Disclosed?
For a prenuptial agreement to stand up, it must list the debts and assets of each party. If all assets aren’t included, the contract might be declared invalid. A judge could say that the deal wasn’t fair if both parties don’t fully understand what they will or will not gain in the event of a divorce.
If one party doesn’t reveal all assets, the judge might determine there was fraud involved. If the agreement has terms that the judge views as unfair, such as one party being left with nothing after a divorce then the prenuptial agreement most likely won’t stand up in court.
Going through a separation and divorce can be one of the most mentally challenging and difficult times of a person’s life, which makes it all the more important that you work with an experienced attorney who will help you manage this difficult time.
The divorce law lawyers at Fears Nachawati have helped many families navigate the tricky and emotionally challenging legal waters when it comes to divorce and prenuptial agreements and having a compassionate and knowledgeable professional on your side can make all the difference during this trying time.
For your free, no-obligation legal consultation, please call (866) 705-7584, or visit the offices of Fears Nachawati located throughout the great state of Texas, including in Houston, Dallas, Austin, Fort Worth, and San Antonio.