Legal Professionals of Hirsch & Ehlenberger

3 mistakes that can affect the validity of a prenup

On Behalf of | Nov 3, 2022 | Prenups and Postnups

Negotiating a prenuptial agreement with your fiance can protect you from a devastating divorce. If your marriage doesn’t work out, your prenup governs property division matters and other decisions. Couples with prenups can typically file for an uncontested divorce.

However, sometimes one spouse claims the prenup is not valid. The three mistakes below might give spouse grounds to challenge the validity of an agreement.

A very uneven contract

If your prenup only protects one spouse, then the courts may determine that it is unconscionable. For a contract to be valid, it has to offer something of value to both parties. Otherwise, the courts might not uphold it if that couple later divorces.

Signing at the wrong time

If you demand that your fiance sign a prenuptial agreement two weeks before your wedding when people have already invested tens of thousands of dollars in the ceremony and in travel arrangements, your fiance could later claim that they signed the agreement under duress because they couldn’t bear the thought of canceling the wedding.

Similarly, those who demand a prenup when marrying a pregnant fiance may find that the agreement will not hold up under scrutiny in court.

Only using your own attorney

Although one person’s attorney can draft a prenup, a scenario with only one attorney is involved could lead to a very uneven contract. If your spouse does not have a lawyer representing them when they negotiate or review the prenup, they could claim that it was unfair or that they did not understand the terms to which they agreed.

Avoiding common mistakes can help you ensure your prenuptial agreement is fair and will hold up in court if it ever has to be used.


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