5 Reasons Why Your Prenuptial Agreement Might Be Invalid
Premarital agreements are documents coupes can sign prior to getting married that will provide basic outlines for how assets and liabilities should be divided in the event of a future divorce. If one individual is entering the marriage with significantly greater wealth or debt than the other, a prenuptial agreement can be a great way to ensure that everyone's interests will be protected. However, if your prenuptial agreement fails to meet certain requirements, it may not hold up in court if/when the need for it arises. Phillips, McElyea, Carpenter, & Welch, P.C. is here to help you get a better understanding of some of the factors that may render a prenuptial agreement invalid.
1. Poor Timing
Contracts should allow all signing parties have adequate time to read through the contract, consider their options, ask any questions, and ultimately make informed decisions before signing on the dotted lines. Prenuptial agreements that are written and signed after the wedding or too close to the wedding date may be invalid for this reason. It's important to draw up your prenuptial agreement in advance of your wedding date to allow both parties the time they need to make an educated decision.
2. False Information
In order for both parties to make informed decisions before signing, they must each be given complete and accurate information. If one of the spouses provides false information about certain assets or debts, the prenuptial agreement may be invalid. It's important to note that withheld information counts as false information - if one party doesn't reveal his/her complete financial situation before drafting the prenup, it may render the agreement invalid.
3. Coercion
Legal contracts will generally only only hold up if both parties were allowed to sign them of their own volition. Contracts wherein one party was forced, coerced, or pressured into signing may be considered invalid for this reason. All signing parties must also be of sound state of mind and able to fully understand the contract that they are signing. If one party can prove that they did not have the mental capacity understand the contract or that they were pressured into signing the agreement, the court may choose to invalidate the agreement.
4. Improper Documentation
As a legal document, prenuptial agreements are required to meet certain standards in order to be considered legally valid. If the document did not contain certain necessary information, if it is ambiguous, if the signing parties did not have independent representation, if it contains careless errors, or if it is improperly filed, an experienced attorney may be able to invalidate the document. While this may seem like it goes without saying, it is worth noting as well that premarital agreements must be in written form before they can be enforceable - verbal agreements will likely not have any legal backing.
5. Invalid Provisions
Premarital agreements have certain limitations. They are designed to help couples outline how certain assets and liabilities will be divided in the event of a future divorce or to act as a precursor to estate planning documents by identifying whom a spouse's assets should pass to in the event that something should happen to him/her. Premarital agreements usually cannot be used to determine certain aspects of a divorce that would be left up to the court or a judge to decide, such as child support, child visitation rights, or spousal support. If a premarital agreement contains provisions such as these, one of two things may happen. A judge may invalidate these clauses while still using the rest of the agreement, or the judge may determine that these invalid clauses are reason to invalidate the entire agreement.
Phillips, McElyea, Carpenter, & Welch, P.C. Can Help You Draft A Solid Premarital Agreement
If you are getting married in 2017, we encourage you to consider setting up a premarital agreement to protect both your and your partner's interests as you prepare to move forward into marriage. Our family attorneys in Camdenton MO understand the specific qualifications prenuptial agreements must meet in order to hold up in court. We can help you draft sound, solid agreements that will meet your needs. Contact us for more information about drafting a premarital agreement in Missouri.
The choice of a lawyer is an important decision and should not be based solely on advertising. When you need a knowledgeable attorney, we invite you to contact us to set up a consultation. Evening and weekend appointments are available. We have access to interpreters.
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1. Poor Timing
Contracts should allow all signing parties have adequate time to read through the contract, consider their options, ask any questions, and ultimately make informed decisions before signing on the dotted lines. Prenuptial agreements that are written and signed after the wedding or too close to the wedding date may be invalid for this reason. It's important to draw up your prenuptial agreement in advance of your wedding date to allow both parties the time they need to make an educated decision.
2. False Information
In order for both parties to make informed decisions before signing, they must each be given complete and accurate information. If one of the spouses provides false information about certain assets or debts, the prenuptial agreement may be invalid. It's important to note that withheld information counts as false information - if one party doesn't reveal his/her complete financial situation before drafting the prenup, it may render the agreement invalid.
Legal contracts will generally only only hold up if both parties were allowed to sign them of their own volition. Contracts wherein one party was forced, coerced, or pressured into signing may be considered invalid for this reason. All signing parties must also be of sound state of mind and able to fully understand the contract that they are signing. If one party can prove that they did not have the mental capacity understand the contract or that they were pressured into signing the agreement, the court may choose to invalidate the agreement.
4. Improper Documentation
As a legal document, prenuptial agreements are required to meet certain standards in order to be considered legally valid. If the document did not contain certain necessary information, if it is ambiguous, if the signing parties did not have independent representation, if it contains careless errors, or if it is improperly filed, an experienced attorney may be able to invalidate the document. While this may seem like it goes without saying, it is worth noting as well that premarital agreements must be in written form before they can be enforceable - verbal agreements will likely not have any legal backing.
5. Invalid Provisions
Premarital agreements have certain limitations. They are designed to help couples outline how certain assets and liabilities will be divided in the event of a future divorce or to act as a precursor to estate planning documents by identifying whom a spouse's assets should pass to in the event that something should happen to him/her. Premarital agreements usually cannot be used to determine certain aspects of a divorce that would be left up to the court or a judge to decide, such as child support, child visitation rights, or spousal support. If a premarital agreement contains provisions such as these, one of two things may happen. A judge may invalidate these clauses while still using the rest of the agreement, or the judge may determine that these invalid clauses are reason to invalidate the entire agreement.
Phillips, McElyea, Carpenter, & Welch, P.C. Can Help You Draft A Solid Premarital Agreement
If you are getting married in 2017, we encourage you to consider setting up a premarital agreement to protect both your and your partner's interests as you prepare to move forward into marriage. Our family attorneys in Camdenton MO understand the specific qualifications prenuptial agreements must meet in order to hold up in court. We can help you draft sound, solid agreements that will meet your needs. Contact us for more information about drafting a premarital agreement in Missouri.
Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C.
The choice of a lawyer is an important decision and should not be based solely on advertising. When you need a knowledgeable attorney, we invite you to contact us to set up a consultation. Evening and weekend appointments are available. We have access to interpreters.
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