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When would a prenuptial agreement be invalidated?

On Behalf of | Dec 31, 2020 | Family Law |

There are many couples in the Washington DC area who have created a prenuptial agreement in advance of their nuptials. There are many reasons why a prenuptial agreement may be a good idea and appropriate for their situation. But a person may also wonder if a prenuptial agreement can ever be invalidated.

Reasons behind an invalid prenuptial agreement

There are several reasons why a prenuptial agreement may be deemed invalid. These may include the following:

  • Agreement is not signed: A prenuptial agreement must be signed and in writing in order for the court to determine its validity.
  • Couple broke up before the wedding: In order for a prenuptial agreement to go into effect, the couple has to be married.
  • Invalid provisions: If an agreement is in violation of federal or state law a judge may deem the whole agreement invalid.
  • Fraudulent information or missing assets: In order for a prenuptial agreement to be valid, both parties have to disclose all of their financial information. This includes their income, assets, debt, and any other liabilities. If one party tries to hide assets or includes fraudulent information the agreement will be invalid.

One sided agreement

If the agreement is clearly one-sided and leaves the other party in complete financial ruin if the marriage breaks up, then it won’t stand up in court.

An attorney who specializes in prenuptial agreement can help a couple create an agreement that makes sense for their situation and protects their assets and financial future. They understand that each couple is unique and has different needs. They can make sure an agreement covers everything and will hold up in court if it is every necessary.


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