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Why would a prenuptial agreement be considered invalid?

On Behalf of | May 22, 2016 | Uncategorized

Two people deciding to spend the rest of their lives together is something that should be celebrated. Although marriage is seen as a joyous occasion, it would be wise to remember to be realistic and properly prepare for divorce, no matter how positive one may feel about the marriage working out. Getting a prenuptial agreement is one way many people have protected themselves, but even then they are not guaranteed protection because there is a chance their prenup may be considered invalid by the courts.

A prenuptial agreement may be considered invalid for the following reasons:

  • Parties not given an adequate amount of time to look over the agreement.
  • Agreement contains false information.
  • Provisions violate the law.
  • Agreement is not signed by both parties before the wedding.

Should a couple find out their prenuptial agreement is not valid, it can lead to several problems. One of them is that both spouses will now have to discuss divorce legal matters they already resolved. By this time, one or both spouses may have changed their mind about how they want things to go. As a result, disputes may occur, and the divorce process could be drawn out for months or years.

When a person decides that they want to get a prenuptial agreement, they are likely under the impression that the agreement will be valid. Unfortunately, there are some cases where people are surprised and end up having disputes over various divorce legal matters because they have uncovered that they were not really protected by the agreement. Anyone interested in getting a prenuptial agreement should hire a knowledgeable attorney, so they do not end up losing their property and assets due to an invalid agreement.

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