Have you checked your prenuptial agreement for weaknesses?
When spouses decide that it is time to file for divorce, it is rarely a simple, quick process. However, couples who created prenuptial agreements typically enjoy less conflict and quicker resolution, provided that their agreements hold up to scrutiny. Prenuptial agreements with improper or inaccurate language often create more conflicts than they avoid, and may prolong the divorce process.
If you face divorce, your prenuptial agreement may help streamline the process and protect your priorities, as long as it is a valid agreement. If you are unclear about the agreement’s validity, be sure to use high-quality legal resources and guidance as you need them. A strong divorce strategy builds on the existing terms of your agreement to ensure that your rights remain secure throughout the divorce process.
Errors that may invalidate an agreement
In order for a prenuptial agreement to hold up to scrutiny in court, it must be properly executed and cannot contain significant errors or unacceptable terms. Some procedural errors may invalidate an agreement, such as
- The agreement was verbal, not written
- The agreement contains false information
- The agreement contains incomplete information
- The agreement was not signed before the wedding
Some agreements attempt to put one party at a severe disadvantage, or include provisions around aspects of a divorce that the law does not allow, such as child custody and child support. It is important to note that courts may decide to invalidate or modify a portion of a prenuptial agreement and choose to uphold other portions. If you find that a certain portion of your prenuptial agreement is cause for concern, be sure to focus on resolving this issue quickly as you build your legal strategy for divorce.
Protecting your future begins today
As you review your prenuptial agreement, you must look carefully for any signs of weakness and invalidating content. The more you understand your agreement and its strengths and weaknesses, the more clarity you bring to your legal strategy. With a clear set of priorities and full use of legal tools, you can keep your rights secure as your divorce finalizes and you begin the next chapter ahead.