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Is that prenup as airtight as you think?

On Behalf of | Oct 22, 2021 | Divorce

When you come into a marriage with significant assets it is only natural that you want to protect those assets if your marriage ends in divorce. To do so, you and your soon-to-be spouse may have executed a prenuptial agreement stating who is to retain which assets in the event of a divorce. A prenup is a legal document in Alabama that could be challenged if your ex wants it invalidated in your divorce. What could make a prenup invalid?

Failure to disclose can be an act of fraud

When a couple enters a prenup, they each must disclose all of their assets and debts. This is so each party can make informed decisions that best protect their rights. If, when the time to divorce comes, a spouse undervalues assets or assets turn up that should have been disclosed when the prenup was executed and were not, then the prenup may be deemed to be fraudulent and thus unenforceable.

Prenups cannot be forced

Each party to a prenup must be entered into the agreement freely. This means they were not coerced into doing so, that they were not under duress when doing so and that they were of full mental capacity when doing so. Coercion and duress are hard to prove in court, but it is not unheard of for a prenup to be invalidated based on coercion or duress especially if the prenup was signed at the last minute or is greatly lopsided. Similarly, if a person is drunk or otherwise not of sound mind when the prenup is signed the prenup may be deemed invalid because the party entering the prenup was not in a position to know what they were signing.

Prenups have formalities that must be followed

There are formalities that must be followed for a prenup to be enforceable. For example, depending on state law a prenup generally needs to filed and free of careless errors. In addition, it is essential that each party to a prenup have their own attorney. An attorney can help explain what it means to sign a prenup and can ensure their client’s rights and interests in the prenup are being upheld.

Learn more about prenups

Prenups can be essential in protecting your assets should your marriage end in divorce. They are a prudent, responsible step to take before marrying. However, not every prenup can be enforced when the time comes. It is important that both before entering a prenup and at the time of divorce that you understand the prenup process and what your rights are under it.