If you created a prenuptial agreement before you got married, you may be ahead of many couples in that regard. However, there is a chance that your prenuptial agreement could be invalid, leaving you with no protection at all.
There are a few different reasons why a prenuptial agreement could be invalid. For example, coercion invalidates it, as does fraud. Here’s a little more to consider:
1. Fraudulently signing a prenuptial agreement is a bad idea
Don’t ever sign someone else’s name on a legal document. If you do and the other person complains, then you could face charges for fraud. It’s a better idea to fully discuss a prenuptial agreement before marriage and to make sure your spouse is on board.
2. Coercion issues are trouble in court
If your spouse claims they were coerced into signing the prenuptial agreement, it could be invalidated. For example, if they claim you presented it the day of the wedding or when they were intoxicated, then that could be enough for a coercion claim and for the courts to question the legality of the agreement.
3. The prenuptial provisions aren’t fair
Even if you agreed to it all, courts won’t want to see an unfair or lopsided prenuptial agreement. Judges are unlikely to uphold provisions about hair color, weight gain or other “ridiculous” requirements. These kinds of requirements on a spouse could invalidate your prenuptial agreement completely.
If you plan to have a prenuptial agreement, get the law involved. Your attorney can help you guarantee that it’s valid if you have to go through a divorce.