Due to the recent popularity with people getting premarital agreements (or as they are often called, prenups or prenupts), we would like to go over some of the items that will invalidate a prenup that both you and your spouse agreed to.
Keep in mind; it is very easy to make mistakes when it comes to developing and implementing a premarital agreement. There number one reason people end up with issues concerning a prenup is because of everything the prenup signifies. A prenup simply isn't very romantic. Some people may feel that if you are considering a prenup, that you have absolutely no faith that the marriage or civil union will last. While some people may feel this way, the reality is, in today's world, a prenup is simply a smart way to ensure you are taking care of yourself if the worst should happen (i.e. you do end up in divorce court). If you need to reinforce this point with your fiancé, the both of you can draft a premarital agreement with a sunset clause. This means that after a certain period of time, the premarital agreement will cease to exist.
Getting back to the subject of what can invalidate a
prenuptial agreement, there are four requirements which must be met. Failure to meet any of these can, and often do, result in the annulment of the prenup.
Therefore, you will want to ensure you meet these requirements (and this is also a great reason to use an attorney to ensure there are no mistakes).
The first requirement is the agreement must be in writing. It can not be verbal. Second, your fiancé must enter into it voluntarily. There can be absolutely no coercion. Third, the prenup must be considered fair. Lastly, it must be executed by both future spouses in front of a certified notary public. If any of these four items are missing, a judge will throw out the premarital agreement.
Tom Jenkins owns the
Dayton Lawyer and
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