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Reasons your prenuptial agreement may be unenforceable

On Behalf of | Mar 22, 2022 | Family Law |

Thanks to misconception or sheer naivete, most couples overlook the need for a prenuptial agreement.  Commonly known as a prenup, this is an incredible tool for protecting your assets and interests should the marriage end up in divorce.

However, for your prenuptial agreement to serve its intended purpose during the divorce, it must be created in accordance with Pennsylvania law.  In other words, your prenuptial agreement must be enforceable.

Here are common reasons why your prenuptial agreement may be thrown out by the divorce court.

It was never written in the first place

Couples make all kinds of promises to each other while in the relationship.  However, when it comes to divorce law, an agreement is only binding when it is made in writing and duly signed by both parties.  If your prenup is verbal, it will not mean much to the court especially when the divorce is contested and everything boils down to a “he promised, she promised” situation.

There were incomplete disclosures

In order to separate marital property from personal property accurately to ensure fair division during the divorce, each party must disclose everything they own when drafting the prenuptial agreement.  This includes full disclosure of both assets and debts.  Withholding information on certain assets or debts will automatically render the entire prenuptial agreement null and void.

One party signed the contract under duress

It is unlawful to coerce or threaten another party to get into a business contract with you.  A prenuptial agreement is no different.  A prenup that is signed under duress will automatically be rendered null and void.  The same applies to prenups that are signed when one party does not have the mental capacity to do so.

A prenuptial agreement can give you peace of mind knowing that your assets and interests will be safeguarded should the marriage collapse.  Find out how you create a prenup document that meets the legal standards.

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