A prenuptial agreement, commonly referred to as a “prenup,” is a legal document that individuals sign before getting married. It outlines how assets and debts will be divided in the event of a divorce or separation. While prenups are becoming increasingly popular, not all of them are valid. Here are a few reasons why a prenup may be considered invalid.

Incomplete or Incorrect Information

For a prenup to be valid, it must include complete and accurate information about each partner’s assets and debts. If one partner knowingly leaves out information about their assets or debts, it can render the prenup invalid. Additionally, if the prenup is based on incorrect information, it may be considered invalid.

Coercion or Duress

A prenup must be signed voluntarily by both parties. If one partner is coerced into signing the agreement, it may be considered invalid. Coercion can take many forms, including threats or pressure from the other partner or their family members. If a judge determines that one partner was forced into signing, the prenup may not be upheld.

Unfair or Unreasonable Terms

A prenup must be fair to both parties. If the terms of the agreement are deemed to be too one-sided or unreasonable, a judge may invalidate the entire agreement. For example, if one partner stands to gain significantly more in the event of a divorce, the prenup may be considered invalid.

Fraudulent Activity

If one partner commits fraud in the creation of a prenup, it can render the entire agreement invalid. For example, if one partner lies about their assets or incomes, it can make the entire agreement fraudulent.

Illegal Provisions

A prenup cannot contain provisions that are illegal or against public policy. For example, a prenup cannot include provisions that allow one partner to waive their right to child support or alimony.

In summary, a prenup must be entered into voluntarily by both parties and be based on complete and accurate information. It must also be fair and reasonable, without illegal provisions or fraudulent activity. If these requirements are not met, a prenup may be considered invalid by a judge. To ensure that your prenup is legally valid, it’s important to seek the advice of a qualified attorney.