Before you and your spouse got married, both of you signed a prenuptial agreement. You have now started thinking about getting a divorce, and you are counting on using that prenup. It is going to help you divide assets, and it may protect certain assets so that you do not have to divide them with your spouse – such as your retirement savings or ownership of a small business.
But one thing to remember is that there are cases in which a prenup will be thrown out of court. Do not assume that it is going to stand just because you and your spouse signed it. If the court determines that it is invalid, they can throw it out and you lose those protections.
Why would this happen?
There are many different reasons why a prenup could be invalid. Some common examples include:
- Your spouse was under the influence when they signed it.
- You asked them to sign too close to the wedding day.
- They did not have time to read the prenup and consider the terms.
- You included fraudulent information, such as lying about your assets.
- Your spouse was tricked, manipulated or forced to sign the prenup under duress.
- The prenuptial agreement is drastically unfair in your favor.
Even if you believe that your prenup is going to be valid, it is still important to consider these factors so that you know exactly where you stand. As you and your spouse move closer to a divorce, look into all of your legal options and the steps you’ll need to take.