Continuing from 7 Common Reasons Prenups May Not Be Valid (Part 1), the following discusses the final four common ways in which prenuptial agreements may be invalidated during divorce proceedings.
Reason 4: One party did not read or adequately consider the prenup before signing it.
Part of the conditions that are generally necessary to develop a formal, enforceable prenup is that both parties have read and considered the provision of the prenup prior to signing it (i.e., agreeing to it). If, however, one party was somehow tricked into signing the prenup without having read it, or if one party was asked to sign the agreement immediately prior to the marriage (and, therefore, did not have time to properly consider it), then the prenup may be invalidated by a family court judge.
Reason 5: The prenup contains illegal clauses or provisions.
Despite the fact that there are many things that can be covered and decided by prenups (like, for example, debt obligations, the division of assets, etc. upon a divorce), there are some factors that cannot legally be determined by these agreements (like, for example, child support payments). If a prenup includes clauses that are not legally valid, then a judge may either invalidate the entire prenup or just the portions that are considered to be illegal.
Reason 6: The prenup is based on false or incomplete information.
Another reason that a prenup may be considered to be invalid is if it has been based on false or incorrect information. For example, if one spouse lies about his assets or debts and the prenup is based on this lie or misinformation, the agreement can be rendered invalid and unenforceable in the event of divorce.
Reason 7: The prenup is declared to be an “unconscionable” contract.
Ultimately, if the prenuptial agreement is determined to be an “unconscionable” contract, it can be considered to be invalid. Unconscionable contracts are any agreements that are considered to be grossly unfair to one party because, for example, they allow one party to proper considerably while the other party suffers excessively.
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