One of the main reasons a prenup won’t be valid in court is if it turns out that one person signed while under duress. This shows the court that the person didn’t really want to sign the agreement and wouldn’t have done it under normal circumstances.
What does this look like? It can take many forms, but here are three examples:
1. The wedding is right around the corner.
Weddings take an incredible amount of planning. Invitations are sent out weeks or months in advance. If one person shows up with a prenup the night before the two tie the knot, that may count as duress. The other person may only sign to avoid the public humiliation of canceling the wedding at the last minute.
2. One person was under the influence.
A prenup does not count if one or both people wrote and signed it while they were under the influence of any mind-altering substances. These could include alcohol or drugs.
3. There are other critical deadlines or ramifications.
People sometimes use other pressures in a person’s life to push them into signing a prenup. For example, one man was going to marry a woman from Ukraine who was in the United States on a visa. She was also pregnant, and her visa was on the verge of expiring. Her future husband said she had to sign the prenup or he’d put the wedding off until the visa expired and she could be deported.
Are you worried about whether or not your prenup will stand in court? As you can see, it’s very important to know exactly how to draft, sign and use a prenup properly.
Source: Huffington Post, “10 Common Prenup Pitfalls,” David Centeno, accessed Nov. 03, 2017