Prenuptial agreements are relatively simple, an easy way to make financial decisions before divorce. This can often be a lot less contentious. If you and your spouse are actively involved in a divorce, you may worry that you will argue and fight over every cent. But if you make those decisions while you’re still on good terms, then things will go smoothly in the future if you do end up divorcing.
However, just having a prenuptial agreement does not mean that it is definitely going to stand in court. It can be declared void and ignored by the court. Here are three reasons why that could happen.
It was not written or filed properly
There is certainly an official process that has to be taken to create a prenuptial agreement. You and your spouse can’t simply shake hands or jot a note down on a napkin. A prenup that wasn’t set up properly at the very beginning is likely not going to be very useful in the event of a divorce.
It wasn’t freely signed
Additionally, a prenup has to be signed by the free will of both people involved in the process. Anything that compromises it can call that document into question. For example, your spouse may claim that you pressured them or coerced them into signing, and they only did it under duress. They could also say that they were under the influence of drugs or alcohol and were not in the right mental state to make that decision.
It includes more than financial details
Finally, it’s important for potential parents to remember that a prenuptial agreement cannot deal with anything relating to child custody arrangements. It is only for the financial details of the relationship. Some couples will try to put other things in, such as declaring that they will get full custody if there’s a divorce, but this is not allowed.
Setting it up
If you’re interested in using a prenuptial agreement and making sure it stands, be sure you know exactly what legal steps to take.