Why Your Prenuptial Agreement May be Unenforceable

A prenuptial agreement is an important legal document that will afford you and your spouse certain protections in the event of a divorce. However, there are some cases in which a prenuptial agreement may be rendered invalid and unenforceable. That is why it is important to hire an experienced family law attorney to help you create this document and ensure it holds up in court if you ever need it.

What Makes a Prenuptial Agreement Invalid?

A prenuptial agreement can help make the divorce process go a lot more smoothly and quickly. That said, there are some reasons why this agreement may be invalid.

Here are some of the reasons why you may not be able to enforce a prenuptial agreement:

  • There was a lack of full financial disclosure: If either party attempted to hide financial information or assets, this could invalidate a prenuptial agreement. For this agreement to be valid, there needs to be total transparency regarding your finances.
  • The document is unfair and one-sided: If a prenuptial agreement is extremely in favor of one spouse, the court might consider it unconscionable, rendering it unenforceable.
  • Child-related provisions were included: When it comes to child custody and child support, these decisions are rendered based on the best interests of the child, which is why it cannot be included in a prenuptial agreement. If you include these in your agreement, it may invalidate the entire document.
  • One party was coerced into signing the document: Prenuptial agreements have to be signed of both party’s free will and they must be able to understand all the terms of the agreement. Otherwise, it may be invalidated.

Call Our Law Office to Discuss the Details of Your Case Today!

If you wish to create a prenuptial agreement before tying the knot, it is important to hire a knowledgeable legal professional to help guide you through the process and ensure your agreement is valid. At the Law Office of Tzvi Y. Hagler, P.C., our experienced attorney will provide the advice you need to create an effective prenuptial agreement. You may never have to use it, but you will be able to rest easy knowing that your agreement can be enforced if your marriage ultimately ends.

Reach out to our legal team today at (516) 514-3868 to schedule a consultation with our attorney to get started and learn more about the services our team provides.