A prenuptial agreement can help to protect you if you get a divorce. For instance, maybe you brought significant wealth to the marriage or you earn much more than your spouse. The prenup can be used to protect some of these assets and keep them out of property division so that you can get divorced without feeling like you are giving all of your wealth to your spouse.
But people sometimes get to court and find out that their prenup is actually invalid. How could this happen?
The other person didn’t have enough time
Time constraints are very important. If your spouse never had time to read and consider the prenup, it may be invalid. Additionally, if they signed it right before the wedding, the prenup may not stand because the court will feel that they were pressured into signing it.
The provisions aren’t acceptable
You also cannot put anything you want in a prenup. Generally, the provisions have to be relatively fair, or at least not exceedingly unfair in one person’s favor. The prenup may also be thrown out if it encourages a divorce or contains illegal provisions.
The other person lacked the mental capacity to sign
Even if your spouse did sign the prenup, they may be able to show that they didn’t have the mental capacity to make that decision at the time. This is sometimes an issue if your spouse was drinking or using drugs when they signed. It could also be an issue if they suffer from certain ailments, diseases or cognitive impairments.
A prenup is a very important part of your divorce, but it is also just one factor. Be sure you know exactly what legal steps to take as you work through this process.