Understanding What Makes Premarital Agreements Unenforceable
A prenuptial agreement can be an invaluable tool for engaged couples to set their expectations for their marriage and protect their separate wealth. As legal documents, prenups are often upheld in court, allowing the decisions they document to be enforced. However, in certain cases, we may be able to argue that a premarital agreement is invalid due to common errors.
Failure to Fully Disclose Assets
In asset division, spouses are required to fully disclose all of their individual debts and property. As premarital agreements lay the framework for asset division in the event of divorce or death, they too require both parties to be transparent about their current and anticipated wealth and debt. If one spouse is found to have neglected to mention some of the wealth or liabilities that they had at the time of signing the prenup, the document could be dismissed entirely.
Coercion or Duress
In order for a premarital agreement to be valid, both parties must sign it by their own volition and while in sound mind. If you can prove that you were forced to sign the document, were on disorienting medication, or for some other reason generally unable to comprehend the document, it can be invalidated.
Improper Filing
As a legal agreement, there are many nuances to the document that must be adhered to. You must:
- Both sign the document
- Give your spouse ample time to review and think about the document
- Have a written document
Failure to do any of these can get the document thrown out.
Unrepresented Parties
Both spouses should have their own legal counsel to identify and protect their individual interests. This prevents one party from making the agreement unfair. If you went unrepresented, we can fight the prenup.
Your premarital agreement is only helpful when drafted correctly and in keeping with current New York laws. Let our attorney help you craft a prenup that protects your individual wealth before your wedding. Contact The Franklin Law Firm to discuss your case today.