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Are prenuptial agreements always enforceable?

On Behalf of | Feb 22, 2021 | Family Law

People tend to think of prenuptial agreements as being ironclad contracts that limit what a person can try to get after a divorce. In general, most of these agreements tend to be enforceable, but there are several possible reasons why a person can challenge the validity of an agreement.

Here are some examples of grounds to contest enforce a prenuptial agreement. An agreement may be invalid in whole in or in part.

Duress

Every type of contract is invalid if a person signed under duress. Courts may infer that a person was subject to duress in signing a prenuptial agreement if he or she received and signed it immediately before a wedding. Rushed timing may signify that the person who drafted an agreement did not want his or her future spouse to have the opportunity to review it with counsel.

Fraud

People may not be bound to an agreement if the party requesting them to sign has not disclosed all material information. If one spouse fails to adequately disclose all of his or her assets and liabilities, a prenuptial agreement could be invalid.

Child support or custody stipulations

People cannot spell out child support obligations in a prenuptial agreement. How much a person has to pay in child support and who shall have custody is within the jurisdiction of the courts. Clauses in a prenuptial agreement about child support or custody are typically invalid.

Prenuptial agreements can be very effective in deterring post-marital disputes about assets and spousal support. However, people should carefully consider whether an agreement’s provisions will have efficacy.

 

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