What Happens if a Prenuptial Agreement is Voided?
For most modern marriages, prenuptial agreements are an excellent idea. Parties can plan ahead of time for what would happen if the marriage ends, reducing any concerns about "marrying for money" and saving time and pain in the future. Prenuptial agreements, on the other hand, must be legally binding to be enforced. When someone is forced into a prenuptial agreement against their will or without their consent, the agreement is invalidated and deemed unenforceable during the divorce process. Continue reading to learn how to void a premarital agreement.
The Prenuptial Agreement Wasn't Involuntary
Prenups, like other contracts, must be freely entered into. A prenuptial agreement is void if one party entered into it involuntarily, such as when threats were used to compel them to do so. Violent threats, financial harm, and emotional injury are all examples of threats. An agreement is also void if it was signed while one of the parties was inebriated, unwell, or infantile and lacked the mental capacity to consent.
The Agreement was based on deception or fraud
Both parties must disclose all financial information in order for a prenuptial agreement to be legal. If one party conceals assets or otherwise lies about their financial situation, the agreement may be deemed misleading, and the court may overturn it.
Independent Legal Counsel was not Provided to the Parties
For a prenuptial agreement to be valid, both parties must be given the option to consult with their own legal counsel. The agreement may be dissolved if one party was exclusively instructed by the other party's counsel or was otherwise precluded from speaking with their own lawyer.
The Contract Wasn't Executed Properly
To draft a legitimate prenuptial agreement, the parties must meet a number of legal requirements. Both couples must sign the agreement in the presence of an acceptable witness, and it must be done prior to the wedding. The agreement may be void if the papers were not properly signed or witnessed.
There are Provisions in the Agreement that are Unenforceable
Even if a prenuptial agreement is legally binding, it may contain clauses that are unenforceable. According to Indiana law, prenuptial agreements can cover a wide range of financial issues, including spousal maintenance, property division, the creation of trusts and/or wills, insurance policies, debt allocation, and other personal matters that do not contradict public policy.
Prenuptial agreements that contradict public policy cannot be enforced. For example, the agreement may not force one partner to avoid pursuing other romantic relationships after the divorce. A prenuptial agreement may not include clauses that are harmful to a child's rights; for example, child support and custody cannot be dictated by a prenuptial agreement.
Contact an attorney at Frangos Legal LLC if you would like to discuss a new or existing prenuptial agreement. Schedule a Free Consultation and case review by emailing us at contact@Frangos-Legal.com, by telephone at 317-245-3707, or by booking online.