Prenuptial agreements are written contracts that individuals may execute before getting married. In such an agreement a New Jersey couple may decide if and how they will manage their money and property during their marriage, and they also may decide how they will split that money and property up in the event that their relationship ends in divorce. However, not every premarital agreement is found to be valid when it is reviewed during a divorce. This post will address some of the ways in which a premarital agreement may be rendered invalid by a court.
One of the most common ways that premarital agreements are invalidated is if one of the parties was forced or tricked into signing something that did not support their interests. For example, if one party to a prospective marriage coerced or placed the other partner under duress in order to get them to sign the agreement, the premarital contract may not stand as valid. Also, premarital agreements that are incomplete or that are based on deceit may be found unenforceable.
A premarital agreement can be invalidated if it lacks certain technical details. Agreements that are not signed are generally not valid, nor are agreements that are not put down on paper. Specific provisions of premarital agreements can be stricken from such contracts if they are not permissible in such documents.
It is always wise for a person to have their family law attorney review their premarital agreement for accuracy and legality before signing it. The review of a knowledgeable lawyer can save couples later stress and frustration if their premarital agreement becomes an important part of their divorce.