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Reasons a prenuptial agreement may not be valid

| Jun 3, 2019 | Divorce |

Couples in Wisconsin who signed a prenuptial agreement may think going through divorce proceedings will be a lot easier because of the contract. While this can be true for some couples, it may surprise others that a judge may find a prenup to be invalid for a number of reasons.

According to Marriage.com, a prenup must be a written contract, so a judge will not see an oral agreement as valid. Both parties must also sign it to be binding.

The courts may invalidate a prenuptial agreement if there is indication of pressuring of any kind. This may include:

  • One partner gets the other to sign it in a deceptive manner
  • Threatening to call off wedding
  • A family member pressures one into signing it
  • Not allowing for enough time to look over it
  • The couple did not use separate counsel

FindLaw discusses that while certain parts of a prenuptial agreement may be valid, the judge may throw certain parts out. For example, couples may not make provisions regarding modified child support. They also cannot make agreements that break the law in any way.

A judge may also invalidate an agreement if he or she discovers one partner lied about income or assets or did not disclose all necessary information. A judge may also decide a prenup is invalid if the terms are grossly unfair. While couples can outline certain things like giving up future inheritance or spousal support, the court may choose not to enforce an agreement that leaves one spouse financially ruined and the other one prosperous.