Family Law Blog

Is Your Prenuptial Agreement Safe From Nullification?

Thursday, March 28, 2019

closeup of bride and groom holding hands

With all the uncertainty in the world, prenuptial agreements are becoming more standard in upcoming marriages. It is not that these agreements set guidelines for a marriage, but rather set a healthy foundation for what will hopefully be a lasting marriage. However, people change and a prenuptial agreement is meant to protect both parties. Yet, if you have one crafted, it is important to make sure it stands up to scrutiny. If you want to make sure your prenuptial agreement is protected from nullification, it is best to know the ways it can be nullified.

Verbal Agreements

Even if you have all the witnesses in the world, a verbal prenuptial agreement will never be legally binding. In essence, a verbal prenuptial agreement doesn't actually exist.

Invalid Provisions

Again, a prenuptial agreement is not a document on how both parties need to act in a marriage. In fact, by including such invalid provisions within, it can actually nullify the entire document.  Furthermore, if the circumstances of one or both parties have changed drastically, you may find that courts will not uphold a prenuptial agreement in which the terms have morphed into something grossly unfair.

Time Was a Factor

It is very important that when a prenuptial agreement is being drafted, you give your spouse an appropriate amount of time to read the document and sign it. If you finished drafting the document and pressured them into signing it that very same day, it could very well be your undoing. By proving there was pressure in signing or that there was not the adequate time given to read it, the courts may render it invalid.

False Information Was Included

Lies are neither something that helps build a healthy marriage nor will they work to your advantage in a prenuptial agreement. If it can be proven that you failed to disclose important information that would affect the prenuptial agreement and the terms set within, the courts could render the entire agreement invalid.

Are you crafting a prenuptial agreement for your upcoming marriage, or worse, challenging one from your dissolving marriage? We can help. Contact us today to see what the Law Office of Jamra & Jamra does for you.