You and your spouse signed a prenuptial agreement before you got married, and you are probably counting on some of the protections in that document as you go through a divorce. Maybe you earn far more money than your spouse or you own your own business. Perhaps you brought substantial wealth to the marriage. The prenup is supposed to ensure that your assets stay with you.
But in some cases, people start going through a divorce and then find out that their prenup may be invalid. Those protections may not apply. What are some reasons why this could happen?
1. It was not signed correctly
First and foremost, everyone needs to sign a prenup of their own free will. If the other party lacked the mental capacity to sign, it could invalidate the document. If they were manipulated, coerced, or put under duress, then the prenup may not stand, even though they technically did sign it.
2. It contains false information
When creating a prenup, both parties need to be honest with one another. If someone lied about their assets or intentionally hid assets from their future spouse, then the prenup may have been signed under fraudulent pretenses. Missing and incomplete information can be a major issue, along with intentionally falsified information.
3. There was no time for consideration
Finally, it is important that all parties have time to read and consider the prenup before signing. It should generally be signed months before the wedding. A prenup that was signed just a few days before the wedding likely will not stand.
It is important to understand the role of prenuptial agreements during a divorce. It can help to work with an experienced attorney if there are any of the issues noted above.
