A common way to help protect a person’s assets due to a divorce in New York is to have a prenuptial agreement. Most people know that if both soon-to-be spouses sign the prenuptial agreement that it’s likely to hold up in a court of law in the event that they end up getting divorced in the future. Unfortunately, this isn’t always the case. They are various reasons why a prenuptial agreement may be deemed invalid by a judge.
You didn’t get it in writing
Prenuptial and postnuptial agreements are only valid when they are in writing. Any prenuptial agreements made orally aren’t considered valid in a court of law. In addition, the written prenuptial agreement must have both parties’ signatures on it. And, those signatures must have been done prior to the date of the wedding.
Not enough time for consideration
The court considers prenuptial agreements that were forced on a soon-to-be spouse at the last minute as invalid. Both spouses should have an adequate amount of time to actually consider what was in the premarital agreement prior to signing it. If one party simply hands their soon-to-be spouse a bunch of papers and asks them to sign them prior to the wedding, the prenuptial agreement may not be enforceable. This is because one spouse did not actually read the entire agreement before signing it.
All the information included in a premarital agreement must be true. This includes a full disclosure by both parties, including their amount of liabilities, assets and income. If one spouse provides false information, it could render the entire prenuptial agreement invalid in a court of law.
While prenuptial agreements are a great way to help keep property and assets separate in the event that a divorce does happen, they’re not a surefire document. When prenuptial agreements are not constructed and administered in an appropriate fashion according to the laws, they may be invalidated in the future. If you’re considering constructing a prenuptial agreement, it’s highly advisable that you seek the legal counsel of an experienced attorney to assist you throughout the process.