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Could your premarital agreement actually be invalid?

On Behalf of | Jun 25, 2018 | Firm News |

Texas couples may know there are various significant benefits to having a prenuptial agreement. In the event of a divorce, a prenuptial agreement can allow a couple to avoid lengthy and stressful litigation. This document can also allow you to preserve your financial interests and protect specific assets.

If you are considering drafting a prenuptial agreement before you marry, you would be wise to consider the many things that could actually render your prenuptial agreement invalid. It is prudent to be cautious and thoughtful when drafting, reviewing and signing these contracts, and many people find it beneficial to have an experienced Board-certified Family Law expert attorney give good legal guidance when walking through this process.

Common problems with prenuptial agreements

Various issues could cause a judge to determine that some or all of a prenuptial agreement is invalid. This may happen if one party disputes these terms in the course of the divorce process. Some common problems include: 

  • Improper execution of the agreement
  • One party claims he or she signed the agreement under duress
  • There was not time to properly review the document before signing
  • The provisions included in the agreement are unconscionable, illegal or invalid and supporting documents were not completed properly
  • The prenuptial agreement is not in writing or was not properly drafted
  • There is false information in the agreement or the information contained is insufficient

A prenuptial agreement could come under scrutiny in the event that one party claims there are issues with the document. This could lead to a review of the original agreement, and if there is evidence of any problems, it is possible that a judge could decide that a part of the agreement or the document in its entirety is not legally enforceable.

It is critical to draft these agreements carefully, and with all family law related issues, it is smart to have experienced expert legal guidance as you navigate these concerns. 

Protecting your future

Drafting a prenuptial agreement may not seem like a romantic thought or necessary step for you, but in reality, it can save you a significant amount of stress and costs in the event of a divorce. Having an agreement is not planning for your marriage to end badly; it is simply taking steps to protect yourself in case it happens. 

As you draft this document or consider the specific issues you may need to address in it, you may find it helpful to start with a complete evaluation of your case by an experienced Board-certified Family Law expert attorney and explanation of how you can use a premarital agreement and/or a post-nuptial agreement in order to shield yourself in case of a divorce.