5 Reasons That Your Prenuptial Agreement Can Be Voided by the Court
With nearly half of all marriages in the U.S. ending in divorce, prenuptial agreements make perfect sense. However, in certain situations, having a prenup drafted and signed means nothing to the court.
In other words, your prenuptial agreement must be valid to ensure that you get assets A, B, and C in the event of divorce, while your spouse gets assets D, E, and F. A prenup has the potential to save you nerve-racking arguments, preventable stress, and thousands of dollars (or more).
Furthermore, a valid pre-marital or post-marital agreement can exert a positive force on a healthy marriage. But how can a prenup be invalid if it was signed by both parties? It is best to seek help from a Leesburg pre-marital agreement lawyer when drafting your prenup. Otherwise, there is a risk that your prenuptial agreement could be voided by the court.
Reasons That Pre-Marital Agreements Are Voided by the Court
In today’s culture, having a prenuptial agreement is becoming a standard practice for many engaged couples from all walks of life. The many benefits of prenups prompt couples to draft pre-marital agreements before getting their marriage license and certificate in the state of Virginia.
Having a prenup drafted and signed is not always enough because your pre-marital agreement must be valid. If your prenup is invalid, the court can void your agreement when a dispute arises. If your pre-marital agreement contains any of the following issues, it is time to revisit and rewrite it with the help of a Leesburg prenuptial agreement lawyer.
- Verbal agreements. Virginia courts do not recognize verbal agreements when it comes to pre-marital agreements or resolving any family law issues. Your prenup is not valid if it is not in writing even if both you and your spouse agree to the terms of your “verbal agreement.”
- Undisclosed property and assets. When it comes to determining who gets what in the event of a divorce, it is vital to disclose everything you own. In other words, your pre-marital agreement could be deemed invalid if you chose to hide or omit certain assets.
- Undue pressure or coercion. If your spouse can prove that coercion of any sort was any used against him or her when signing the prenup, your agreement may not be accepted as valid. Undue pressure or coercion of any kind is a no-no when it comes to legally binding contracts.
- Invalid family law claims. Pre-marital agreements are intended to regulate property division and alimony provisions. Having any child support or child custody arrangements in your prenup will invalidate parts of your agreement and prompt the court to review the rest of your prenup more thoroughly to find other errors.
- Clerical errors. It is not uncommon for pre-marital agreements to be drafted improperly or contain clerical errors, especially if you did not consult a Leesburg pre-marital agreement lawyer when creating the prenup. Prenups that contain clerical errors are usually tossed out by Virginia courts.
Seek help drafting your prenuptial agreement by speaking with our Leesburg divorce lawyers at Whitbeck Cisneros McElroy, PC. Call at 703-997-4982 to write a valid prenup that would not be voided by the court.