A prenuptial agreement is a serious document that can offer premium protection for you — as long as it is handled properly. There are several different things that could invalidate a prenuptial agreement, so make sure that you aren’t doing any of these if you are in the process of getting one together.
Any prenuptial agreement you have must be in writing and both parties must have read the agreement. You can’t just have a verbal agreement because that isn’t something that would be enforced by the court.
Since both parties need time to read over the agreement, you can’t present the agreement to the other party on the way to the wedding. Instead, you need to get it together in advance so that the other person can read it and seek legal counsel of his or her own regarding the terms of the premarital agreement.
The agreement can’t favor one side over the other. It must be fair. The court can throw it out if it seems as though it is one-sided.
No prenuptial agreements can be signed under duress. This means that you can’t force your future spouse to sign the agreement. Instead, it has to be fully voluntary.
The prenuptial agreement must be based on facts and include all pertinent information. You can’t hide things when you are entering into a prenuptial agreement as doing so could invalidate it.
If you are considering a prenuptial agreement, you should find out how you need to handle the situation. You also need to find out what you can include in the agreement and what needs to be left out of it.
Source: FindLaw, “Top 10 Reasons a Premarital Agreement May be Invalid,” accessed May 19, 2017