Erlich Law Office

Call Today (630) 538-5331
Call Today (630) 538-5331
Evening and weekend appointments available
  • Home
  • Attorney Profile
  • What we do
  • Testimonials
  • FAQ’s
  • Blog

Is Your Prenuptial Agreement Valid?

Denise Erlich Image avatar by Denise Erlich

hand signing on an agreement, divorce lawyers

A prenuptial agreement must be signed voluntarily by both parties, accurately disclose assets, avoid grossly unfair provisions, and meet other requirements to be considered legal and valid in a court of law.

Prenuptial Requirements

A prenuptial agreement is a legal document that impacts how marital or non-marital assets are divided in the case of a divorce. Typically drawn up to protect the wealthier spouse in the event of a divorce down the road, the burden of proof is up to the spouse that is seeking to invalidate the prenuptial agreement. It will be his/her sole responsibility to prove that the prenuptial agreement was acquired by breaking one of the requirements mandated by state laws.

Signatures

Prenuptial agreements must be signed willingly by both spouses. If either party signs under duress, coercion, or fraudulent pretenses, the agreement may be found to be invalid in court. Prenuptial agreements must be signed and notarized. Oral prenups, as well as prenups, signed a day or two before the wedding are not valid. To prevent duress and coercion, most states require each spouse to have a copy of the prenuptial agreement for a certain amount of time before signing.

Financial Disclosures

A prenuptial agreement requires each spouse to fully disclose his/her assets. The agreement will only be considered valid if both spouses have accurate disclosure of their future’s spouses financial worth that includes the value of income, property, and other holdings. If one spouse files for divorce, the prenup may be found to be invalid if assets were not fully disclosed at the time the agreement was signed.

Unfair Provisions

Most courts will consider prenuptial agreements with grossly unfair provisions invalid. For example, a prenup that disallows any child support to be paid to the other spouse in the event of a divorce will likely be found invalid. If divorce occurs, courts will not allow one partner to be awarded most of the financial assets, while the other partner ends up in financial hardship under the prenup provisions.

Legal Counsel

Many states require both parties to seek separate legal counsel before signing a prenup to ensure full understanding and accuracy of the document. Divorce lawyers often see prenups invalidated in court when this requirement is ignored.

Share Button

  • Family Law
    • Divorce
    • Child Support
    • Child Custody and Visitation
    • Spousal Support
    • Post-Decree Modification
    • Order of Protection
  • Business Litigation
  • Collaborative Law

Categories

  • Child Custody
  • Divorce
  • Family Law
  • Infographics
  • Spousal Maintenance (Alimony)
  • Uncategorized
  • Visitation
Denise Erlich Avvo Rating Denise Erlich avvo review Denise Erlich Avvo clients choice Denise Erlich Avvo clients choice

Archives

  • September 2022
  • August 2022
  • July 2022
  • May 2022
  • April 2022
  • March 2022
  • February 2022
  • January 2022
  • December 2021
  • November 2021
  • October 2021
  • September 2021
  • August 2021
  • July 2021
  • June 2021
  • May 2021
  • April 2021
  • March 2021
  • February 2021
  • January 2021
  • December 2020
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • July 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • December 2019
  • November 2019
  • October 2019
  • September 2019
  • August 2019
  • July 2019
  • June 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • April 2016
  • March 2016
  • February 2016
  • January 2016
  • December 2015
  • November 2015
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • March 2015
  • December 2014
  • Home
  • Attorney Profile
  • What we do
  • Testimonials
  • FAQ’s
  • Blog

Experience. Trust. Results.

Erlich small logo
Erlich Law Office, LLC
1 Mid America Plaza 3rd Floor
Oakbrook Terrace, IL 60181
Phone Number: (630) 538-5331
Fax Number: (630) 563-2424

Linkedin facebook

 

get driving button visa icon mastercard logo american express logo

Copyright © 2018 Erlich Law Office, LLC. All rights reserved.

Disclaimer | Privacy Policy

Site Map

LawFirm Websites by MarketJD