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Prenuptial agreements: what you can and can't do, Pt.2

Earlier this week, we talked about prenuptial agreements and what you can and can't include in these vital contracts. But now the circumstances that can lead to a prenuptial agreement being deemed invalid. Or, to put it another way, we're going to talk about how a spouse could challenge their prenuptial agreement.

One of the most important factors before signing a prenuptial agreement is that you and your spouse have the time necessary to think about the prenup and consider the ramifications of the prenup. Signing a prenup is a very important decision, and if you are rushed into the decision and not given the necessary time to consider it, then the entire prenup can be deemed invalid. Your spouse shouldn't rush you to sign the document.

It's also important to consider the contents of your prenuptial agreement. If you have illegal provisions in the prenup or if false information is discovered, then the prenup can be deemed invalid.

Remember a couple of basic aspects to a prenup, too. You should have independent counsel to help you with the prenup, and you also need to make sure that the prenuptial agreement is in a written form.

In a more complex situation, unconscionability can be a reason that a prenuptial agreement is deemed invalid. Unconscionability is when a prenuptial agreement favors one spouse far more than another spouse. A judge can deem the prenup unconscionable in this situation. That means part or all of the prenup could be dismissed or invalidated.

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