Can a Prenup Be Put Out in Court?

A prenuptial agreement can be put out or set aside in court if the judge believes it is invalid. A prenuptial agreement may be found invalid in several situations.

Definition

A prenuptial agreement is also known as an antenuptial agreement or premarital agreement/contract. It is a written contract between two people who are going to marry, which explains how property will be divided if they divorce. These agreements are most common in situations where one or both parties are wealthy or have children from a previous relationship.

Dual Representation

There are several situations in which the prenuptial agreement can be found invalid. If it is found invalid by a judge, the agreement is set aside, and the property division is treated as if no agreement ever existed. The most common mistake resulting in an invalid agreement is the parties "sharing" an attorney. Each party must have independent counsel to review the agreement and discuss their opinions with that client.

Full Disclosure

Another common mistake resulting in an invalid prenuptial agreement is if the financial information disclosed is inaccurate. Many parties feel they can hide certain assets or inflate their liabilities so it seems as if they have less money. If a party gives false information or simply omits information, then this can make the agreement invalid.

Under Pressure

Another mistake is if one party pressures the other party to sign the agreement. Both parties must have ample time to read and carefully review the document. It must also be signed before the wedding.

Unconscionable Agreement

Another circumstance which will invalidate an agreement is not a mistake but an act. The agreement must be reasonably fair and equitable. One party can not thrive financially while the other party is left penniless. A judge will scrutinize these agreements to ensure that all parties are being treated fairly, and it is within a judge's discretion to invalidate an agreement.

References

• "Family Law" by Patricia Williams and Teris Solis
• Bankrate.com: Everything You Need to Know About Prenuptial Agreements