When you and your husband first met, you already had a successful medical practice. That is why, before the two of you married, you each signed a prenuptial agreement. Your intention was that if you got divorced, the agreement would protect your practice and your assets. Now that you and your husband have separated, you are worried that the court might decide your prenuptial agreement is invalid.
If you are considering divorce, it is important that you take steps to guard your interests. If you have a prenuptial agreement, you may want to ask a lawyer to review it and determine if it is valid. An experienced Denver area attorney with family law experience can answer your divorce questions and help you get through the process. Read further to find out more about what makes a prenuptial agreement invalid.
Lack of a Written Agreement
One of the most important aspects of a valid prenuptial agreement is that is in writing. If you and your husband simply made a verbal agreement, it will not be enforceable. Only a written prenuptial agreement will carry weight in the eyes of the court.
Prenup Was Not Signed
If your prenuptial agreement is in writing, but is either unsigned or you or your husband did not sign it until after the wedding, it is invalid.
Coercion
If one of you was coerced by the other into signing the prenuptial agreement, then the court may rule that it is unenforceable.
Illegal Clauses in the Prenup
There are certain things that a prenuptial agreement cannot include. For example, while the document can cover property division, it cannot include any clauses that modify child support responsibilities if the couple divorces. In addition, the agreement cannot include any provisions that are illegal.
Untrue Facts
In order to be a valid marital agreement, you and your spouse must have offered full disclosure concerning your income, assets and debts. If either one of you provided information that was false or knowingly omitted material facts, then the agreement is invalid.
Independent Representation
If you and your husband did not have your own separate attorneys when the prenuptial agreement was drafted and signed, then court may rule against the agreement's validity. When creating a marital agreement, both parties must have their own attorneys.
Extremely Unfair Terms of the Prenup
In general, any contract that is unconscionable, or is heavily beneficial to one party over the other, then the court will more than likely declare the contract invalid. This means that if enforcing the contract would leave one of you suffering an economic hardship, then the court may declare it to be unconscionable and unenforceable.
Are you considering divorce and have a prenuptial agreement in place? You may want to consult with a lawyer about its validity. Contact us today!