What makes a prenup void

The three most common grounds for nullifying a prenup are unconscionability, failure to disclose, or duress and coercion. Unconscionability may be present if the agreement is patently unfair to one party. Disclosures are also important for prenups. Duress and coercion can also invalidate a prenup.

One party may have felt forced to sign the document in order to move forward with the wedding. If the evidence indicates that the prenup may be susceptible to challenge, your spouse may be willing to negotiate some of the terms to avoid a prolonged battle in court.

Contact a divorce attorney to discuss the contents of your prenup whether you have a legal basis for challenging the agreement. King Law Offices is a full-service law firm with an outstanding team of professionals who work diligently, creatively, and compassionately on behalf of our clients each day. The same can be said if one of the spouses was considerably ill or addicted to drugs at the time. It all comes down to signing something while all parties have the mental capacity to understand what it says.

Clerical errors: Did someone forget to sign along the right line? Was the prenup paperwork filed in the wrong manner or to the wrong court? Any number of serious clerical errors could void out an otherwise perfect prenuptial agreement. Rookie mistake: Family law courts prefer to see and uphold documents that have been reviewed by legal professionals and signed in their presence.

Can a Prenuptial Agreement Become Voided? Jan 18, Share. For example, if your spouse intentionally hid a wealth of finances from you while the prenup was being drafted and signed, it could be considered fraudulent and unusable. Coercion: If either party is pushed towards signing the prenuptial in a way that could be considered outside a usual conversation, it might be labeled coercion.

Mental disabilities or temporary incapacitations, such as from drugging or intoxication at the time of signing, can also turn a prenuptial agreement into a voided contract. Clerical error: Possibly the most embarrassing mistake on this list, filing your prenuptial agreement with the wrong family law court can render it unusable. This is basically a way to ensure everyone knows what they are signing, and a pseudo-form of notarizing it.