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Why might your prenup be invalid?

On Behalf of | May 17, 2019 | divorce | 0 comments

If you had the foresight to create a prenuptial agreement, you may assume you can negate the whole property division process of your Texas divorce. You may also assume that other issues, such as those related to child custody and support payments, are also taken care of. Unfortunately, this may not be the case. The courts may render your prenuptial agreement unenforceable for one or several reasons, which FindLaw details in brief.

Several factors may render your prenup invalid. One is the simple fact that you did not get the agreement in writing. All premarital agreements must be in writing if parties hope for the state to recognize them as valid.

In addition to requiring written agreements, the state also requires both parties to sign a prenup before the wedding. Otherwise, the very essence of a prenuptial agreement does not exist.

If your spouse pressured you into signing the agreement or vice versa, the agreement is invalid. The same goes if either you or your spouse did not read the contract prior to signing it or if your spouse did not give you ample time to consider the terms of the agreement.

Texas law disallows prenups to contain certain provisions. For instance, if a premarital contract contains a provision that requires one party to waive his or her right to child support, the courts may render it unenforceable. The same goes if the agreement contains any provision that violates the law. However, it is important to note that the courts may recognize all the other terms of a prenuptial agreement and strike the illegal clause.

If your prenuptial agreement contains false information pertaining to income, assets or liabilities, the courts will refuse to recognize it. The same goes if your prenup contains incomplete information.

If you and your spouse shared a lawyer at the time of creating the prenup, the courts may void it. This is because Texas requires parties of a premarital contract to obtain separate counsel to represent their separate interests.

Finally, if your agreement is in any way unconscionable, the courts may render it invalid. The courts may use their discretion to determine what is and is not “unconscionable,” but generally speaking, a judge is likely to look unfavorably upon terms that would cause one party to face undue financial hardship post-divorce while the other prospered.

This article is for educational purposes only. You should not use it as legal advice.

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