As previously discussed, some couples in Minnesota carry out specific steps to protect his or her financial wellbeing. Prior to even getting married, couples could execute a prenuptial agreement. While drafting such a document can be a difficult task, it is also overwhelming to have this legal document apply to dissolution proceedings. This is especially true if one spouse seeks to contest the validity of the document.
How could a prenuptial agreement be invalid? While the ultimate goal of including a prenup in a marriage is to have a valid and enforceable agreement between spouses, this is unfortunately not always the case. Thus, spouses need to be aware of the most common reasons why a prenup could be invalid and how to best proceed with the divorce process.
To begin, a prenuptial agreement must be in writing. If a couple fails to memorialize the agreement in writing, it will not be enforceable. Even when a couple drafts a document to serve as a prenup, it must be properly executed. This means that both parties must sign the document prior to their marriage. Additionally, a spouse cannot be pressured into signing the document. If it is found that one spouse what by the other spouse or his or her lawyer or family member to sign the document, this could invalidate the document. Even more so, it must be evident that both spouse read the terms of the agreement, fully understanding its contents before signing the document. The document is not enforceable if it is signed without being read.
Other reasons for finding a prenup invalid include situations such as not providing enough time to consider the document and its contents before the date of marriage, including invalid or illegal provisions in the document, including false information in the document, providing incomplete information and not having both spouses obtaining independent counsel before signing the document. Finally, a prenup could be deemed invalid if it is determined to be unconscionable. This means that the document is so grossly unfair that it results in one party suffering severe financial hardship while the other prospers financially.
Going through the process of drafting a prenuptial agreement can seem complex. In these matters, it is not only important to understand what makes a prenup valid but also ways to ensure your rights are protected during and after the drafting and execution of the document.
Source: Findlaw.com, "Top 10 Reasons a Premarital Agreement May be Invalid," accessed July 30, 2017