5 Reasons Why a Prenuptial Agreement May Not Be Valid

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5 Reasons Why a Prenuptial Agreement May Not Be Valid

Going through a divorce or separation is among the most challenging and stressful events in life. However, the process is easier for couples with a valid marriage contract.

A marriage contract acts as a protection for couples who enter into marriage in the event of divorce. No one wants to imagine that their marriage will fail. But having plans for the unknown future is a form of protection that does not indicate anything about your marriage.

In order for a marriage contract to be enforced in your divorce, it must be valid. If it is not done right, or if some parts are not legitimate, it will not be enforceable in court. To help create a valid marriage contract or find out if it can be enforced, you should work hand in hand with a reputable divorce lawyer.

This brings us to the question, what makes a prepup invalid?

What makes a prenup impractical?

Lack of a written and signed document

The court is not dependent on oral agreements to make decisions. Any agreements between the couples regarding their investments and money do not hold water unless they are written.

If your partner keeps you company through the long night while writing your book, and promises not to claim a single penny of the book income, the only way this is kept in court is if documentation is signed.

Incorrect information

Another major problem that makes a prep enforcer is if the parties did not disclose all assets, debts, income and liabilities when they got married. Couples need to disclose their financial situation honestly to give the other party a clear picture of what they are getting into.

Some people may not want to marry someone in high debt, hence the need for honesty and complete transparency.

Violation of state laws

A preup that is in violation of state laws cannot be enforced. Couples are advised to consult a lawyer when creating a marriage. Before submitting the marriage contract in the event of divorce, the document must not contain provisions that are contrary to the law in relation to custody or financial distribution.

In addition, the marriage will be declared invalid if it contains provisions that affect one party more than the other.

Lack of legal advice

consultation of a lawyer

A prenup boils down to personal interest. Each partner must understand what they accept and what it will mean in the event of divorce. Ignorance is not a valid legal defense. The law requires that you consult a lawyer who can explain the terms of the marriage contract.

You can not successfully claim that you did not understand what you agreed to.

Reluctance to sign the agreement

A marriage contract cannot be enforced if one of the parties was forced to sign the agreement or if they signed under the influence of drugs. In addition, both parties should have sufficient time to read and understand the document before signing.

If one of the parties can prove that the other forced them to sign the document; a judge may interpret it to mean coercion and invalidate the agreement.

Contact a divorce lawyer

Divorce is common in current marriages, but it does not make it easy. It is and will be a difficult meeting. When you need help with a complicated divorce such as an invalid marriage, contact an experienced divorce lawyer to guide you through each step of the process.

Article submitted by Community Author

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