A prenuptial agreement can help couples set clear expectations before marriage. However, not every prenup stands up in court. Certain mistakes or conditions can make a prenup unenforceable. Here are some common reasons a prenup might be considered invalid.
When it isn’t voluntary
One of the most important elements of a valid prenup is that both parties agree to it freely. If either person was pressured, tricked or forced to sign the agreement, it may not hold up in court. Signing under duress or without enough time to consider the terms can also raise concerns.
Failure to disclose all assets
Both people must give a full and honest account of their finances. If one person hides income, property or debts, the agreement may be challenged. Courts generally require full financial disclosure to ensure the terms are fair and based on accurate information.
One-sided terms
Prenups that heavily favor one party over the other may be seen as unconscionable. For example, if the agreement leaves one spouse with nothing while the other keeps everything, it may not be upheld. Fairness at the time the prenup is signed is a key factor.
Improper execution
In New Jersey, a prenup must be in writing and signed by both people before the marriage. Verbal agreements are not valid. Notarization is not required, but is often used to show the signatures were voluntary.
Changes in circumstances
Sometimes a valid prenup becomes unfair due to major life changes. If enforcing the agreement would now cause serious hardship, a court may decide not to uphold all of its terms.
Every situation is different, and courts look at many factors when deciding if a prenup is valid. Before signing anything, you should seek legal guidance.
