Details that could make your prenuptial agreement invalid

Regardless of income level, many Missouri couples find it beneficial to draft a prenuptial agreement before they walk down the aisle. These contracts can protect the financial interests of both parties in case of a divorce in the future. A couple can also use a prenup as a way to outline the financial responsibilities of both parties over the course of the marriage.

If you made the decision to draft a prenup, you will want to consider specific details as you draft this legal agreement. When there are problems with a prenup, it can lead to complications if the couple divorces in the future or one party challenges the terms of the agreement. As with any family law agreement that can affect your future, you will find it beneficial to have experienced legal guidance during this process.

Potential problems you can avoid

One way to avoid problems with your prenuptial agreement is to make sure it is enforceable in case of a dispute. This means avoiding even simple errors that can result in a judge ruling some or all of your prenup invalid. Some of the most common reasons why this could happen include:

  • The prenuptial agreement is not actually in writing.
  • The terms are illegal or not enforceable.
  • There is reason to believe one spouse signed it under duress or without reading it.
  • The two parties did not draft or sign the prenuptial agreement before the wedding.
  • One spouse felt pressure to sign the agreement despite having concerns about the terms.
  • There was not enough time to read the agreement before signing it.
  • The terms of the prenup are incorrect or misleading in some way.

In many situations, a prenuptial agreement is a good way for a couple to feel confident about their future financial security. Drafting one of these does not mean you assume that your marriage will end at some point. It simply means you are preparing for a contingency in the future.

Guidance for family law matters

Drafting a prenuptial agreement is an important decision that could impact your future. This is why you will find it beneficial to discuss this matter with an experienced family attorney before you proceed. When you have the right assistance, you will reduce the chance of committing a mistake that could influence the enforceability of your prenuptial agreement. An assessment of your finances and your goals can help you see what should be in your marital contract.


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