Making a Difference

One Client at a Time

When can a prenuptial agreement become void?

| Aug 4, 2016 | Uncategorized |

It is not uncommon for couples in Minnesota to believe that prenuptial agreements are written in stone and unbreakable. However, there are certain circumstances that can nullify a prenuptial agreement. According to Forbes, couples who are considering signing or creating prenuptial agreements should seek out expert advice before doing so to protect their future best interests.

A prenuptial agreement must be written in the right format and constructed so that it does not benefit one party way more than the other. Witnesses, such as a court official or notary must be present to observe the proper execution of the agreement. Full disclosure about all risks and assets must be given and the contract cannot be signed or executed immediately before the date of the ceremony. Prenuptial agreements that are entered into verbally or through coercion are not legally binding

Promises that are made in a prenuptial agreement that either party does not intend to honor can be interpreted as fraud and nullify the contract, states The Huffington Post. Neither party should make promises they do not intend to keep if their marriage ends. Certain language and unusual provisions can also impact the enforceability of the agreement.

If a prenuptial contract fails to meet these standards, it can become unenforceable. There are other reasons why the courts may not enforce certain portions or the entire agreement, but they depend on the circumstances surrounding the marriage and divorce. Couples who plan to marry should give careful consideration to their prenuptial agreements before signing them.

Send An Email

Email Us For An Response