Factors That Can Invalidate a Prenuptial Agreement

Prenuptial agreements should follow thorough discussion and input from both spouses, but this isn’t always the case. Sometimes, only one spouse dictates the terms of the contract, leading to unfair terms that are far from equitable. There are several factors that can invalidate a prenuptial agreement, so we’ll take a look at everything that could nullify one.

What Is a Prenuptial Agreement?

A prenuptial agreement (also known as a prenup) is a contract that an engaged couple may make before they get married that details each party’s property and assets. Should the marriage end in divorce, the couple will refer to the prenup to determine who gets what assets. If you end up making a similar agreement after the wedding has taken place, that is a postnuptial agreement.

What Are the Benefits of a Prenup?

TV shows and other popular media suggest that prenups are only really beneficial for the rich and famous. While some of those people may have more assets to protect, a prenup can be valuable for the average citizen as well.

Prenups are extremely helpful when it comes to simplifying the next steps after a divorce. If the marriage doesn’t work out, divorce proceedings can be long and arduous, but a prenup will simplify everything. If the agreement is valid, divorced spouses follow it without argument or hassle.

Prenups also protect spouses from each other’s debts. Without one, a divorced person may be responsible for helping with their ex-partner’s medical or loan bills. All told, a prenup offers peace of mind, just in case.

What Can Invalidate a Prenup?

Prenups are not ironclad. If a court determines something illicit in the agreement’s filing or creation, it can declare the terms invalid. If you’re getting divorced and believe that your prenuptial agreement is somehow unfair, unethical, or illegal, read on to find out what a court needs to see to invalidate the terms.

Fraudulent Disclosure of Assets

Both parties must disclose all their assets and debts during the creation of the prenuptial agreement. If one spouse neglects to inform the other of debts they’ve accrued or assets they have, that means the prenup was written without all the pertinent information. This information may have changed the agreement entirely, so a court may declare the prenup invalid in this situation.

With all this said, if you waived your right to have an attorney review the prenuptial agreement, your partner will get away with the fraudulent disclosure of assets. Always have an attorney look over your documents to ensure everything is on the up and up.

Duress or Coercion

Proving that you signed a prenup under duress or coercion is very difficult, and different states view “coercion” differently. Challenging as it may be, if you can prove that you were forced to sign the prenup while under duress, a court will invalidate the agreement.

Threatening a spouse with retribution should they refuse to sign constitutes duress or coercion, as is not allowing the spouse to review the terms of the agreement with a lawyer. Similarly, if a partner forced you to sign the agreement right before you walked down the aisle, this is duress or coercion as well.

Unconscionable Terms

Simply put, a prenuptial agreement that contains unconscionable terms is unfair. Generally, determining unconscionability rests with a court’s opinion on the matter and whether the agreement’s nature is so inequal that it would shock anyone with common sense.

For example, an agreement that requires a spouse to do a certain amount of household chores or perform a designated number of intimate acts would be considered unconscionable. Additionally, a prenup that leaves one spouse wealthy and the other on welfare is unjust and unfair.