If you’re getting ready to tie the knot and want to create a prenup, or if you already have one and need to know how to defend a prenup in your divorce proceedings, you should know the four most common mistakes that can invalidate the contract.
- Involuntarily Signing the Agreement
A good way to defend against accusations of involuntariness is to create the contract well ahead of the wedding date. Each party should have adequate time to read and review the document and consult legal counsel. Deciding to draft and/or sign a prenuptial agreement can be a difficult decision to make, and is not something that anybody should be forced to consider the day before the wedding.
- Not providing fair and reasonable disclosure
You should fully disclose all assets and liabilities in the agreement. If any missing information is revealed or if any disclosures that you provide are found to be false, the contract may be invalidated by the court. Minimally, the divorce will become more expensive because there will be issues to litigate.
- Not being fair and reasonable
The details of your prenuptial agreement are largely up to you and your partner. However, if the agreement is unconscionable, it will be vulnerable to dismissal by the court.
- Creating illegal clauses
This should go without saying, but you cannot include clauses that are contradictory to the law. A good example of such a clause is one which limits child support as this is to be determined by the court.
Knowing how to defend a prenup in divorce cases is important, and you should consider consult legal counsel who can give you definitive advice specific to your circumstances.