When experience matters, don’t leave your future to chance.

Photo of Professionals at JMG, PLLC
Photo of Professionals at JMG, PLLC

When experience matters, don’t leave your future to chance.

Is your prenup invalid?

On Behalf of | Jun 16, 2022 | Family Law |

A prenuptial agreement offers a great way to protect yourself and your future spouse when you are getting married. Most people use these with good intentions.

While this is true, there are things that you may do during your marriage or even during your divorce that can cause your prenup to be invalid. Keep reading to learn about these mistakes, which is going to help you avoid them.

Your spouse was under duress

You can’t tell your spouse just moments before getting married that you want a prenup. You also can’t manipulate or use coercive methods to have them sign the document. If it is believed or proven that the document was signed when the other party was under duress, it will likely be deemed invalid.

Chores and time

Prenups aren’t designed to outline what chores one spouse is required to do. Nor can they be used to govern where you will spend holidays and similar issues. Domestic matters like this are not something that the courts want to have to regulate, so even if you include them in a prenup, the likelihood of having them enforced is minimal, at best.

Custody and child support

In most cases, child support and child custody are issues that can’t be determined by what is contained in your prenup. Instead, this is something that the court will decide based on what is best for the child or children involved.

Creating a valid and legal prenup

To ensure your prenup is valid and that you don’t make mistakes that would make it invalid, you have to know what you can and can’t include in it. It’s a good idea to work with a legal professional who can help you with the drafting of this document if it is something that you want for your marriage.