A prenuptial agreement is an agreement you create prior to marriage that dictates how you'll handle a divorce if it takes place. It might have rules for dividing your property or steps for splitting up a home or business.
There are a lot of things that can be included in a prenuptial agreement, but there are also many things that can make a prenuptial agreement invalid. Here are three of the top ways a prenuptial agreement can be invalidated by the court.
1. You didn't give your spouse enough time to review it
Yes, pulling out a prenuptial agreement the night before a marriage is wrong and will weaken the chances of it standing up in court. You must give your spouse time to review a prenuptial agreement before signing it. Otherwise, the court may believe your spouse was pressured and throw it out.
2. There is no written prenuptial agreement
With no written prenuptial agreement, all the court can go on is your word against your spouse's word. In reality, they'll throw out the idea of the prenuptial agreement.
3. There is incomplete information in the prenuptial agreement
Finally, if there is incomplete information in the prenuptial agreement, then it might not be valid. You will need to have your information, your partner's information and all requested documents and signatures in place. Without them, it's likely that your prenuptial agreement will be worthless.
Your attorney will review your prenuptial agreement to let you know if it's valid or could be thrown out in court, so you know what to expect.