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What invalidates a prenuptial agreement?

Prenuptial agreements are much more common now than ever before. For many people, especially those finding love later in life, they are an effective way to protect a life's worth of assets and property. The key to an effective and appropriate premarital agreement is to create one with the help of a knowledgeable attorney. There are several things that, if overlooked, can invalidate a prenuptial agreement, opening individuals up to financial damage in the event of a divorce.

A prenuptial agreement can become invalid if any of the necessary elements are missing from the agreements creation. As with most agreements, there must be the element of consideration. Prenuptials are no different. When an individual is presented with a prenuptial agreement, they are required to have a full week to consider it before signing it. If this consideration is not present, the prenuptial agreement is not valid.

Since many people do not understand legal jargon, another necessary element in the prenuptial process is independent counsel. Both parties considering the prenuptial agreement are required to receive legal counsel from an independent source. Either party can waive that right, but even that must be done correctly.

Both parties must also be of sound mind when entering into the agreement, and should not have signed it under duress, undue influence or fraud. If any of these issues arise when the agreement is enforced, it is the responsibility of the person wishing to enforce it to prove the agreement is valid.

Prenuptial agreements may be more common than they used to be, but that doesn't make them simple. With the help of a skilled family law attorney, you can draft a valid and enforceable prenuptial agreement that protects your life's assets.

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Victoria S. Linder Law Office
5303 Folsom Boulevard
Sacramento, CA 95819

Phone: 916-905-4805
Fax: 916-498-0127
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