Why are some prenuptial agreements invalidated?

Why are some prenuptial agreements invalidated?

| Dec 28, 2020 | Uncategorized |

A prenuptial agreement, sometimes called a prenup, is a powerful legal tool that can protect a Maryland resident’s financial stability when they enter, and potentially exist, a marriage. Prenups lay out important determinations regarding partners’ financial and property rights during and after their marriages. There are some topics, like child custody, that cannot be included in them.

Even when a prenuptial agreement is seemingly valid based on its inclusions and technical requirements, it may still be set aside and invalidated during a divorce. This post will explore some of the grounds for invalidation that may strike prenuptial agreements from enforcement. No part of this post should be read or used as specific legal advice.

Problematic issues impacting prenuptial agreements

As stated, a prenup may be plagued with technical issues, such as a failure of one or both of the parties to sign it or the inclusion of illegal terms. However, prenuptial agreements can also be flawed by the manner in which negotiations over terms took place. For example, an individual who coerces or threatens their future spouse to get them to sign a prenup may see their contract invalidated due to the duress they inflicted upon the other.

Similarly, when a person does not give their prospective partner sufficient time to review a prenup before signing it, it may become unenforceable at the time of their divorce. Whenever a person can demonstrate that they did not have the capacity to review and understand their prenuptial agreement, it may be challenged as invalid.

Getting a prenuptial agreement right

As readers can tell, there are many ways that the terms and execution of prenuptial agreements can go wrong. Before signing, it is important that individuals fully understand what rights they are protecting and potentially waiving when they create prenuptial agreements. It can be valuable to individuals considering these important documents to consult with family law attorneys to fully comprehend their use, function, and enforceability in the context of divorce.