Reasons why a Prenuptial Agreement Fails
Before a couple gets married, a prenuptial agreement is settled. It also goes by the name “prenup” or “prenupt”. A prenuptial agreement usually mandates the terms based on a couple’s unique needs, in case they get divorced. A prenup generally includes how to divide property and terms of spousal support. In the beginning, the court was unwilling to deal with prenuptial agreements fearing it can increase the rate of divorce.
Although prenupt is recognized in every state, it can be ruled out if there is proof of violation of certain requirements. Below are the reasons for which a prenuptial settlement might be considered void by the court.
If the agreement was a forced one.
Procedural fairness is a must for the implementation of a prenuptial settlement. For instance, consider a situation where the bride has demanded that the groom sign the agreement just minutes before the marriage. In such a scenario, the court is more likely to rule that the agreement is unenforceable. All the parties involved should get enough time to consider the details of a prenupt and be allowed to express their opinion on the matter freely and fairly. Different states have laws in place to prevent a forced prenup.
If the representation of one of the parties by an independent and impartial counsel did not happen.
As like as any other contracts, it is necessary that separate counsels represent both parties. Not all states, however, has the same view regarding this. In California, informed waiver is permitted; but it needs to fulfill some conditions beforehand.
If one party fraudulently conceals their assets.
Before signing a prenupt, both parties have to make a full disclosure of their assets. This is to make sure that both parties are aware of the results of signing a prenup. If it is proved that one of the parties did not disclose their assets fully, the settlement can be void.
When the prenuptial agreement is poorly drafted.
A poorly drafted prenup can never become a reality. The same goes for a prenup. If the terms in a prenup are ambiguous and conflicting, the court will eventually rule it out. Besides, no state recognizes a verbal prenupt.
A one-sided prenuptial agreement is never good.
The court will not enforce a prenup which is flawed of being one-sided. The reason is: an unconscionable agreement will allow unfair advantages to one party during the legal proceedings, which is against the good conscience of rule of law.
The prenuptial agreement aims at something that it cannot achieve.
If the parties try to use a prenuptial agreement for improper purposes, it is more likely to fail. One of the parties in prenup cannot give up their right to receive child support from the other. The logic behind this is that since children are unable to represent their sides, their dues cannot be waivered.
However, a couple can always make use of the “severability” clause to add any special terms to their prenuptial agreement. As per as the clause, if a part of the agreement is ruled invalid, the rest will be implemented accordingly.