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Is your prenuptial agreement enforceable?

The prenuptial agreement or "prenup" is a contract that is used to allocate financial rights between spouses. But these agreements can cover far more topics such as: property rights, allocation of retirement funds, the division of business assets and more. This article will discuss the various ways in which these agreements could be stricken by the court.

  • The agreement must be, mostly, fair. This means that the provisions cannot be stacked against one of the spouses. How precisely to draw this line depends upon the individual facts of each divorce.
  • Prenuptial agreements may only allocate financial rights. If you attempt to determine child custody or child support, the court may strike the entire agreement. However, the agreement may determine spousal support or alimony.
  • Prenups that are based upon false or incomplete information may be stricken. The reasoning is simple, this agreement is trying to allocate financial rights so if any part of it is based on faulty information then it can't do its job.
  • If one of the spouses forces or tricks the other into the agreement, then it could be stricken by the court. Both spouses must freely enter into the agreement and have enough time to consider the provisions.
  • Both spouses must be represented by their own attorney, especially if one spouse retains counsel. The reason is because prenups are drafted in anticipation of litigation, so there is no way that an attorney can fully assist both parties.
  • Prenuptial agreements must be signed by both parties before the wedding.

These are just some of the reasons why your prenup could be invalidated. If you are considering divorce then you may want to speak to a lawyer. You shouldn't take for granted that you are protected just because you have a prenup. As discussed above, there are many reasons for the court to strike these agreements. Don't go into your divorce until you are fully prepared.

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