Many people believe that a prenuptial agreement can never be dismissed, modified or thrown out in the event of divorce. Indeed, the purpose of a prenuptial agreement is to set out guidelines for what happens to a couple’s assets, property and sometimes children after a divorce. A prenup can be a valuable tool in planning your financial future.
However, much like the marriages to which they apply, not all prenuptial agreements last forever. Prenups don’t often get thrown out in court but it does occasionally happen. If you feel that the prenup you signed is now unfair or if you fear your spouse may try to get out of the prenuptial agreement that you both signed, there are a few situations in which it may be thrown out.
First of all, a prenuptial agreement is invalid if it is signed under coercion. For example, a prenup that was signed too close to the date of the wedding may not be looked upon favorably by a judge. This may indicate that one party was pressured into signing at the last minute. One spouse may be induced into signing a prenup rather than canceling the wedding on short notice.
Just like any other legally binding contract, a prenup cannot contain illegal clauses. This may result in the clauses themselves being invalidated or the entire agreement being thrown out. No contract can require a person to break the law.
In our next post, we’ll discuss several more ways that a prenup may be found invalid, as well as some steps that you can take to ensure your prenuptial agreement holds up in courts and protects your best interests.