North Tampa Legal Group, PA

Why are some prenuptial agreements rendered invalid?

On behalf of North Tampa Legal Group posted in blog on Tuesday, November 7, 2017.

In their preparations to get married, Florida couples know that there is a lot of preparation and planning involved before the big day. However, you may know that it can also be beneficial to think about your future beyond the big day. One of the ways that you can do this is by drafting a prenuptial agreement.

A prenuptial agreement could be beneficial for many reasons, but in the event that a divorce occurs, the details of a prenuptial agreement could come under scrutiny. It may be possible for one party to challenge the validity of the agreement itself. In order to make sure you do not face any unnecessary complications in the future, you would be wise to understand the reasons why some prenuptial agreements are ineffective.

Problems with prenuptial agreements

A prenuptial agreement is supposed to help a couple avoid litigation in the event of a divorce. It outlines property division details, spousal support and other issues, such as the distribution of marital debt. However, a divorce can bring out contention, and one party may attempt to fight the terms of the agreement in order to secure a more favorable agreement.

A challenge from one party could bring the terms of the original agreement under close scrutiny by the court. Some of the most common reasons that a court may invalidate a prenuptial agreement include the following:

  • Both of the parties did not sign the agreement before the wedding took place.
  • The prenuptial agreement is not actually in writing.
  • One or both of the parties did not have enough time to properly read the agreement before signing it.
  • One party claims that he or she was coerced, intimidated or tricked into signing the prenuptial agreement.
  • The terms of the agreement are illegal, the provisions are invalid or there is incorrect information included.

It is prudent to make sure that your agreement is valid, and you can start by reaching out for knowledgeable guidance as you draft your prenuptial agreement.

You can protect your future today

Many couples decline to draft a prenuptial agreement because they believe it is not necessary or it is planning on the marriage to fail. Neither of these is true. It is simply a step to ensure that your future interests do not suffer in the event of a contingency.

If you are considering a prenuptial agreement, it is crucial that you are thoughtful and careful as you proceed through the process of drafting an agreement that suits your individual needs and meets your objectives.