What Makes A Prenuptial Agreement Void?

Law Blog

Many couples choose to create prenuptial agreements before they wed, and they do this for protection. If you want to protect the assets you have before you get married, you can create a prenup, too. If you decide to do this, though, you must understand that prenups do not always hold up in court. Certain things will void a prenup, and if this happens, the document will mean nothing. Here are some of the things that void a prenup.

You Created It Yourself

A prenup will not become void just because you created it yourself, but there is a greater chance that your spouse could object to its validity if you did not have a lawyer create it. Prenups are legal tools used to keep assets separate in a marriage. Spouses get them to protect their own things when entering a marriage. Because this is a legal tool, you should always hire a family lawyer to help you produce the document. It would be harder for a person to challenge its validity if a lawyer made it.

One Spouse Was Under Duress at the Time

A second reason a court may void the validity of a prenup is if there is proof that one spouse was under duress when they signed the agreement. For example, if you asked your future spouse to sign the agreement while they were in the hospital struggling with a serious illness, the contract might not be valid. Both parties that sign it must be in the right state of mind to know what they are signing.

The Agreement Contains Anything Illegal

Another way a prenup may be void is if it contains statements that are not legal. For example, if the agreement states that you keep everything if you divorce and that your spouse gets nothing, this is illegal. You cannot split things up like this. The division of assets and resources must be fair to some degree.

An Unforeseen Circumstance Occurs

Finally, if something happens to you or your spouse that is completely unforeseen, it could void the prenup. If a major injury or illness strikes one of you, it may be enough to void the prenup. You would need to speak to a lawyer to learn more about how this works.

If you want protection for your things when you get married, visit a family law lawyer for help creating a prenup that is legal and valid.


28 February 2020