A prenuptial agreement is a great safety measure to take before marriage. It ensures that if a marriage happens not to work out that you and your partner have already dealt with your finances. In short, they prevent a lot of headache down the line. But, sometimes the circumstances render a prenuptial agreement invalid. It’s important to know these circumstances. Knowing them ensures that any agreement you make will be correct and official.
Prenuptial agreements must be in writing. Both parties must read them in full as well. Furthermore, both partners need to sign it well before the wedding under each partner’s free will. In other words, one spouse cannot force another to sign. A partner also cannot rush the other into an agreement. For example, a partner could introduce the contract the night before the wedding. This circumstance would most likely render it invalid in court.
The agreement has to be strictly about finances. Anything about child support would be invalid, for instance. Also, everything in the contract must be accurate, verifiable, and complete. If there is anything false in the agreement, a court will deem it void. Not telling the whole truth may also result in the contract being invalid. Finally, the agreement must not be grossly unfair. A judge would decide that a situation is unfair when one person has to deal with severe financial strain while the other doesn’t, for example. If this is the case, then the court is unlikely to approve the agreement.
You may be in a situation where you are creating an agreement with your soon-to-be spouse. Or, you may be at the end of a marriage wondering whether something you signed is still valid. In any case, a qualified divorce attorney will be able to help. They can assist you in drawing up a fair, legal agreement with your prospective spouse. Or, they may be able to help determine whether an agreement you signed is still credible. An attorney can fight for your rights and may be able to get you the peace of mind or compensation you deserve.
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Partner at John F. Schutz, P.L.
Representing clients exclusively in family law cases for the past 24 years, Mr. Schutz is widely regarded as a marital and family law expert. He is Board Certified in marital and family law by The Florida Bar. As a Fellow of the American Academy of Matrimonial Lawyers (AAML), Mr. Schutz is committed to elevating the standards and improving the practice of family law.
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