There are many benefits of a prenuptial agreement. Most importantly, this helps both parties establish financial rights in the event of a divorce.
But here is the problem: A prenuptial agreement needs to be right from day one. If you don't create this agreement in the appropriate manner, it could be considered invalid.
Here are several reasons why a prenuptial agreement may be invalid:
-- It is not in writing. You cannot have a verbal prenuptial agreement. This must be a written agreement.
-- Both parties must sign. For a prenuptial agreement to be valid, both parties must sign it before the wedding.
-- One party was pressured by the other. It is possible for a prenuptial agreement to be invalid if one person pressured the other to sign the agreement.
-- You did not read it. If you are asked to sign a prenuptial agreement without given the ability to read it, it may be invalid.
-- No time for consideration. A person who is asked to sign a prenuptial agreement must be given enough time to review the document and make a decision as to whether or not they agree.
These are just a few of the many circumstances in which a prenuptial agreement can be invalid. If you are interested in this, don't wait until the last minute to discuss it with your spouse to be. Instead, this is a detail that should be brought to the forefront as soon as possible.
There are times when a prenuptial agreement is invalid. This may be something you need to figure out, regardless of what side you sit on.
Source: FindLaw, "Top 10 Reasons a Premarital Agreement May be Invalid," accessed Dec. 17, 2015