Prenuptial Agreement Law. Top Reasons a Prenuptial Agreement may mot be Valid

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Do it yourself prenuptial agreement online. Consider a valid prenuptial contract. To be valid, a prenuptial agreement must be in writing and signed by both spouses.

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Prenuptial Agreement  

Top Reasons
a Prenuptial Agreement may not be Valid

 
 
  • Agreement not in Writing. Prenuptial Agreements must be in writing to be enforceable.
  • Not Properly Signed. Both parties must sign Prenuptial Agreements before the wedding.
  • Your Arm was Twisted. An agreement may not be valid if one of the spouses was pressured by the other or (by his or her lawyer or family) to sign the agreement.
  • You didn't Read It. If your spouse-to-be shoves a bunch of papers, including a Prenuptial Agreement, in front of you and asks you to sign them, explaining them away with such excuses as "it's all just a bunch of legal mumbo jumbo," and you take him or her at face value and sign without reading, the agreement should not be enforceable.
  • Provisions are not Legal. Although a Prenuptial Agreement can cover just about any financial aspect of the parties' relationship, it cannot in any way modify the child support obligations that either spouse would have if the marriage should end in divorce. Any other provisions of the agreement that violate the law would also be invalid. It is possible, however, that the court would en-force the remainder of the agreement, rejecting only the illegal clauses.
  • False or Incomplete Information. A Prenuptial Agreement is valid only if signed after both parties have honestly and completely disclosed their income, assets, and liabilities. If someone was lying, the agreement is invalid.
  • Unconscionability. It's true that you can agree to give up your right to inherit from your spouse, which you would otherwise be entitled to do upon your spouse's death, even if he or she left you out of a will. You can sign away your right to spousal support if you should end up in divorce court, even if your spouse makes ten times as much money as you do. However, if the agreement is so grossly unfair that one party gets everything and the other gets nothing, the court probably will not enforce it. "Unconscionable" contracts that only a fool would sign are generally found invalid, and Prenuptial Agreements are no exception.
 
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3 Good Reasons to Stop Stalling and Get a Prenup

TIME
In order for a prenuptial agreement to be valid, you and your significant other will each need to be represented by independent legal counsel — which typically means that your attorneys will do most of the talking. But I've been personally involved in ...
3 Good Reasons to Stop Stalling and Get a Prenup

Sharia Law or Just a Prenup? Swedish Court Addresses Iranian Marital Issues

Sputnik International
The Supreme Court of Sweden has yet to decide on whether Sharia Law can be applied to prenuptial agreements in the country, according to the Swedish newspaper Fria Tider. Peaceful Muslim protest at Dam Square. © Flickr/ Michell Zappa. Muslims Slam ...
Sharia Law or Just a Prenup? Swedish Court Addresses Iranian Marital Issues

Summary judgment sought in suit between Coon clan couple

Southeast Texas Record
A month earlier, the court granted a motion for summary judgment declaring a prenuptial agreement between the couple as valid. According to the lawsuit, Willis and Ginger were married in 1992 and had agreed to a prenuptial agreement. At points during ...
Summary judgment sought in suit between Coon clan couple

Before the Altar: Prenuptial and Postnuptial Agreements

Ladue News
Although attorneys say one agreement is not necessarily more valuable than the other, Friedman notes a prenup can be a better approach since the case law regarding postnups is relatively unclear. “There is greater uncertainty in the law about the ...
Before the Altar: Prenuptial and Postnuptial Agreements

You Made Your (Marital) Bed, Now Lie in It

Justia Verdict
Although the concept of a prenuptial agreement is a familiar one to most people, it is a relatively new body of law. It was once the decided view of most courts that neither spouses nor those engaged to be married could enter into valid contracts with ...
You Made Your (Marital) Bed, Now Lie in It
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