When you want stability and certainty in your life, you must always consider every aspect – including divorce if things don’t go as planned. Prenuptial agreements offer you the stability you’re sometimes looking for. There are many things you may have included in your prenuptial agreement, but you should know that these agreements are only valid if you choose to properly execute it with the help of your attorney. Today we will go over the ways in which a prenuptial agreement cannot be enforced and how you can get the best result from working with us.
Reasons for Denial
In some cases, you may find that an agreement is not enforceable. This will be the result if any of these things occur:
Improper Execution: If the prenuptial agreement was not properly executed at the point of creation, it could be deemed invalid. It must be in writing and signed by both parties with notarized signatures. The same goes for any amendments that are made after.
Not Executed Voluntarily: These types of contracts must be voluntarily executed. This means that neither of the parties should be coerced into it, and can choose to be represented by independent counsel.
Unconscionable: If the prenuptial agreement is grossly unfair, it can be denied. It cannot be one-sided to the point of hurting the other party, and it cannot ask for anything illegal to happen in the event of divorce.
Lack of Relevant Information: Each party has a right to receive relevant and useful information, such as a description of all assets and financial liabilities.
Child Custody/Child Support: You may have learned that child custody and child support agreements cannot make an appearance in your prenup agreement. The court will usually disregard these things if they appear in your agreement.
Even the most common issue dealing with divorce can turn into a bigger issue if special precautions are not taken. Perhaps there are bits of info in your prenup agreement that shouldn’t be there, or you have questions dealing with your agreement. Call us to find out more info on your prenuptial agreement and how we can help you.