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Factors that can render your prenuptial agreement invalid

| May 10, 2019 | Prenuptial Agreement

If you are going to have a prenuptial agreement drawn up before you get married, you need to learn about some of the things that might invalidate it. An invalidated prenuptial agreement means that you don’t have the protections that you thought you would.

One of the most important things to do is to make sure that you start the process early in the engagement. Both parties have to have ample time to read the agreement, review the terms and consult with an attorney. If it is presented too close to the wedding, there is a chance that the court might find that it should be invalidated.

Neither party can be pressured into signing it. Signing a prenuptial agreement has to be fully voluntary. Any signs that it was a forced signature can invalidate it.

You have to ensure that the premarital agreement is presented and executed in accordance with the law. It must be in writing. If you don’t have everything in order, the contents of it won’t matter a bit.

The information provided in the prenuptial agreement must be fully accurate and complete. You can’t leave anything out or misrepresent anything if you are going to enjoy the protections that the agreement can provide.

Finally, the agreement can’t overly favor either spouse. If it seems like one party is getting everything good and the other is left destitute, the court doesn’t have to abide by the terms of the prenup.

Because these are such serious matters, make sure that you work with your legal counsel to ensure that you are going to be able to have the prenuptial agreement enforced if the time comes.

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