Will your prenuptial agreement hold up in court?

On Behalf of | Mar 14, 2018 | Divorce

A prenup is a premarital agreement a couple creates to dictate what will happen to both spouse’s assets in the event of a divorce. With a whopping 50 percent of marriages ending in divorce, a prenuptial agreement seems like a great idea to protect property and financial worth.

Unfortunately, some sections of a prenup may render the document invalid or useless. Here are several things to keep an eye out for in your own prenuptial agreement that can potentially invalidate it.

You Were Pressured Into Signing It

If you were coerced into signing a prenuptial agreement, it could be thrown out. Though it’s difficult to prove that a prenup was signed under duress or you lacked the mental capacity to fully understand its contents, a court can still decide whether or not the document is valid.

The prenup contains false or incomplete information

A couple is supposed to make a full disclosure of all of their assets. If you leave out or falsify information about income, assets, and liabilities so that you don’t have to settle them, these may be grounds to get the prenup thrown out.

The prenup was conjured too close to the wedding 

A spouse entering into a prenuptial agreement must be given ample time to consider its contents. If the prenup was signed too close to the wedding date, it might seem like the spouse signed out of coercion or was pressured by the other spouse.

You don’t have it in writing

This may seem like a no-brainer, but verbal agreements don’t validate a prenup and oral prenuptial agreements won’t hold up in a Texas court. Make sure your written agreement is specific, clear, and concise, and accurately documents all of your assets.

The prenup is unfair or illegal

If there are sections of the agreement that are grossly unfair to one of the spouses, then that may be grounds to throw the prenup out of the window. An example of this is a clause stating that one spouse wants to give all of their possessions to the other. Also, if there are any illegal or improper clauses, they may be deemed invalid. An example of an improper clause is including child custody or a waiver of child support payments in the prenup. These will not stand in court.

Even though tossing out an invalid prenuptial agreement in court doesn’t happen often, it is still possible. That’s why it’s imperative to check, double-check, and triple-check your own prenup to make sure that your valuable assets are well-protected.