4 ways to invalidate a prenup

Prenups are more popular than ever, with some reports saying they're being used 10 times as often today as they were two decades ago. The typical taboo has, to some degree, been lifted.

As such, it's important to know if your prenup is actually valid and if it's going to stand up in court. Below are four reasons it could be invalid.

1. The paperwork was done incorrectly.

Even seemingly small errors could mean everything agreed to in the prenup is overturned. It's crucial to draft and file the prenup properly.

2. One person was forced to sign.

Both people have to sign of their own free will, not under duress. For instance, waiting until the day before the wedding to introduce a prenup puts the other person under duress because he or she may sign just to avoid the embarrassment of calling off the wedding.

3. One of you lied about your assets.

This could mean that assets were intentionally hidden, so they're not covered in the prenup. It could also mean you or your spouse signed without honestly knowing what your assets as a couple looked like.

4. The clauses can't legally be enforced.

Certain things simply can't be put into a prenup. For instance, the court must rule on child support, so you can't draft a prenup saying one of you won't have to pay anything. You must wait for the court order.

Prenups may be more popular now than before, but that doesn't mean you should take the process lightly. Be sure you understand all of your rights and obligations.

Source: Today, "Prenups aren't impossible to break, but ...," Geoff Williams, Reuters, accessed Aug. 23, 2017

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