We have spoken before in this bog about prenuptial agreements, and how they give numerous Minnesotans reassurance that they will not lose valuable assets if they get divorced someday. While a prenup is a good idea for many couples, it is also a legal contract that must be properly negotiated, drawn up and executed. Otherwise, the prenup cannot be enforced in court and is not worth the paper it’s written on.
Here are 9 reasons why a judge might be persuaded not to accept a prenuptial agreement:
1. The agreement is not in writing.
2. The agreement was not properly executed by having both parties sign it.
3. One of the parties was put under undue pressure to sign.
4. One of the parties was told to sign without reading the agreement first.
5. Though both parties had the chance to read the prenup, one of them was not given time to think about it before signing.
6. The prenup contains invalid or illegal provisions. For instance, such agreements typically cannot modify child support obligations. (Sometimes, the court will strike the invalid provisions and admit the rest.)
7. One of the parties lied about or failed to disclose key information about their assets and liabilities.
8. In some states, the parties must each have had individual legal counsel while drawing up the agreement.
9. The terms of the prenup are unconscionable, or too grossly unfair for the court to accept.
In a divorce, it is often up to the spouse who objects to the terms of the prenuptial agreement to contest it in court. An experienced family law attorney gives you your best chance of getting your prenup thrown out.