Conditions that could make a prenuptial or postnuptial agreement invalid in a divorce

On Behalf of | Aug 16, 2021 | Property Division |

A prenuptial agreement is a legal document where spouses agree before matrimony on the terms of property division, support and custody in the event of a separation or divorce. A postnuptial agreement is a legal document that couples sign after getting married to protect their rights and property.

The main difference between the two types of agreements is when they are made – before or after being married. In the event of a divorce, there are some factors that could lead to these agreements becoming invalid.

6 reasons that an agreement may not be legal

There are various reasons why these agreements may not be recognized by the courts in a divorce. Let’s take a look at 6 reasons that could make them invalid:

· The agreement is “unconscionable:” When the agreement is written in such a way that it is considered grossly unfair to either party.

· False or even incomplete information: If the agreement contains false information or is incomplete then it may be rejected as being valid.

· Invalid provisions: If the agreement contains provisions that are considered illegal or otherwise not legally valid, it could be thrown out.

· Wasn’t written: A valid agreement must be in writing. If the agreement wasn’t written down, it may be invalid.

· Pressured into it: If one party was forced to sign under duress or was unnecessarily pressured into the agreement, it could be considered invalid.

· Time to read and consider: If there wasn’t time to read the agreement or sufficient time to consider its legal implications, then it could be invalidated.

When signing a nuptial agreement, the conditions must be favorable to ensure that it is a legally binding document.  If one or more of the conditions above are present, the agreement could be deemed invalid by the courts.

When facing divorce or separation in Connecticut, it can be helpful to have professional guidance to ensure that each party’s rights are protected.