Reasons a Prenuptial Agreement May Be Invalid

If you live in South Orange County, you have probably seen a lot of high-net-worth couples with prenuptial agreements. In fact, they may be so common that you see them more often than not, especially when there is a lot of wealth involved.

In March of 2013, a Brooklyn court threw out a prenuptial agreement that was signed between a Long Island woman and her millionaire husband before the pair got married in 1998. This court ruling set a precedent and attorneys across the country stood up and took notice.

Since the 1998 ruling in New York, have other prenuptial agreements been tossed out in court? Some have. While many prenups are ironclad, not all of them are. In this article, we discuss some of the situations where a prenup can be invalidated and found unenforceable. Here are some circumstances where that could happen:

  1. A prenuptial agreement is fraudulent because when it was executed, one of the parties failed to fully disclose all of their assets so they would not be part of a divorce settlement.
  1. The prenuptial agreement was signed under duress, it was coerced, or one party lacked the mental capacity to sign it when it was signed.
  1. The prenuptial agreement was not drafted well or it wasn’t filed properly.
  1. When the agreement was signed, the individual didn’t have proper legal representation. If a prenup was signed and one party was not represented by their own attorney, it may be possible to have it invalidated.
  2. The prenuptial agreement was created with ridiculous conditions.
  3. The agreement was lopsided in favor of one spouse.

As lawyers, our advice is to keep the above in mind, not only if you’re considering getting out of a prenup, but if you’re engaged to be married and are thinking about signing one. Whether you’re trying to draft a prenup that will stand up in court or you’re trying to void one, make sure you consult with a professional from our firm who can help navigate you through the process and secure your financial future.