If you’re going through a divorce and you have a prenuptial agreement, odds are that you’re counting on the significant protections that it offers you. Maybe you’ve used it to protect your interest in a business that you own or to ensure that an inheritance stays in your family.
One thing to keep in mind is that it is possible for a prenuptial agreement to be invalid. It’s important to know why this can happen so that you can avoid mistakes or take appropriate legal action if your prenup isn’t going to help as much as you thought during your divorce.
Your partner never read the document
One reason that a prenup can be set aside by the court is if your spouse never actually read it. This is why it can be problematic to ask for a prenup right before the wedding. If your spouse doesn’t actually have time to read and consider the document, it may not stand.
Your partner didn’t sign of their free will
Additionally, everyone who signs a prenup must do so of their own free will. If your partner claims that they were manipulated, tricked, coerced or put under duress, then the prenup may not stand, even if they read it.
Either one of you was under the influence
In some cases, a prenup may be invalid if it turns out that one of the parties did not have the mental capacity to sign. This can happen due to cognitive issues such as dementia or a traumatic brain injury, but it can also simply happen if someone was under the influence of alcohol or drugs when they signed the prenup.
If you’re going through a divorce, it’s very important to understand all of your rights, especially if you have questions about your prenuptial agreement.
