Reasons Why A Prenuptial Agreement May Not be Valid
1. Unconscionability. It's true that you can Agree To Give Up Your Right to inherit from your spouse, which you would otherwise be entitled to do upon your spouse's death, even if he or she left you out of a will. You can sign away your right to spousal support if you should end up in divorce court, even if your spouse makes ten times as much money as you do.
You can even agree that your spouse gets all of the money and you get all of the bills, if that is what you want to do. But if the agreement is so grossly unfair that one party gets everything and the other gets nothing, the court probably will not enforce it. Unconscionable Contracts which only a fool would sign, are generally found invalid; and prenuptial agreements are no exception.
2. No Independent Counsel. Because their separate interests are at stake, both parties to a prenuptial contract should, and in some states must, be represented by their own attorneys or the agreement will not be enforced.
3. Incomplete Information. Holding out on pertinent information is as bad as providing false information, and it makes the agreement useless.
4. False Information. A prenuptial agreement is valid only if signed after both parties have honestly disclosed their income, assets, and liabilities. If someone was lying, the agreement is invalid.
5. Provisions Not Legal. Although a prenuptial agreement can cover just about any financial aspect of the parties' relationship, it cannot in any way modify the child support obligations that either spouse would have if the marriage should end in divorce. Any other provisions of the agreement that violate the law would also be invalid. It is possible, however, that the court would enforce the remainder of the agreement, axing only the illegal clauses.
6. No Time to Think It Over. A prospective spouse entering into a prenuptial agreement must be given time to review it and consider the ramifications before signing it. If the groom hands the contract and a pen to the bride just before she says, "I do," the agreement is probably invalid.
7. You didn't read it. if your spouse-to-be shoves a bunch of papers, including a prenuptial agreement, in front of you and asks you to sign them, explaining them away with such excuses as "it's all just a bunch of legal mumbo jumbo," and you take him or her at face value and sign without reading, the agreement should not be enforceable.
8.Your Arm was Twisted. An agreement may not be valid if one of the spouses was pressured by the other or by his or her lawyer or family) to sign the agreement.
9. Not Properly Signed. Both parties must sign prenuptial agreements before the wedding
10. Agreement Not In Writing. prenuptial agreements must be in writing to be enforceable.
You can even agree that your spouse gets all of the money and you get all of the bills, if that is what you want to do. But if the agreement is so grossly unfair that one party gets everything and the other gets nothing, the court probably will not enforce it. Unconscionable Contracts which only a fool would sign, are generally found invalid; and prenuptial agreements are no exception.
2. No Independent Counsel. Because their separate interests are at stake, both parties to a prenuptial contract should, and in some states must, be represented by their own attorneys or the agreement will not be enforced.
3. Incomplete Information. Holding out on pertinent information is as bad as providing false information, and it makes the agreement useless.
4. False Information. A prenuptial agreement is valid only if signed after both parties have honestly disclosed their income, assets, and liabilities. If someone was lying, the agreement is invalid.
5. Provisions Not Legal. Although a prenuptial agreement can cover just about any financial aspect of the parties' relationship, it cannot in any way modify the child support obligations that either spouse would have if the marriage should end in divorce. Any other provisions of the agreement that violate the law would also be invalid. It is possible, however, that the court would enforce the remainder of the agreement, axing only the illegal clauses.
6. No Time to Think It Over. A prospective spouse entering into a prenuptial agreement must be given time to review it and consider the ramifications before signing it. If the groom hands the contract and a pen to the bride just before she says, "I do," the agreement is probably invalid.
7. You didn't read it. if your spouse-to-be shoves a bunch of papers, including a prenuptial agreement, in front of you and asks you to sign them, explaining them away with such excuses as "it's all just a bunch of legal mumbo jumbo," and you take him or her at face value and sign without reading, the agreement should not be enforceable.
8.Your Arm was Twisted. An agreement may not be valid if one of the spouses was pressured by the other or by his or her lawyer or family) to sign the agreement.
9. Not Properly Signed. Both parties must sign prenuptial agreements before the wedding
10. Agreement Not In Writing. prenuptial agreements must be in writing to be enforceable.
posted by Legal Helpmate @ 9:37 PM
4 comments
4 Comments:
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when you are in love you don't have the same perception and that gives the same effect of you not being under your full faculties, which is obviously, not able to take decisions. either because love controls the behavior or people try to gain advantage from prenuptial agreements is that this contracts are unfair and in the other way. i read an article on international prenuptial thiland http://www.thailawforum.com/articles/international-prenuptial.html and me thinks courts are objective and analytical, that prenuptial agreements should not be recognised in divorce courts.
To make a legal case or document executory and binding, it is imperative that it must follow the law procedure. An agreement is just a word of mouth or a piece of paper, and would be considered null and void, if not done with a lawyer and in a court. When you’re serious about signing a prenuptial agreement, make sure to do it before the law.
-Ferdinand Draper
Thanks for sharing this. Prenuptial agreements, like other legal documents, must be in writing and done conscientiously to have any effect. And to highlight one of your points, prenuptial agreements should be based on fairness and equality because it's a way to be secured should your marriage fall apart. It should not be viewed as an act of selfishness.
-Dwight Edward Tompkins
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