When A Prenuptial Agreement Becomes Invalid

October 15, 2021

Disclosing all assets to each party is ethically and legally necessary to ensure that you and your future spouse actually understand the financial situation he or she is entering, because if you don`t know what it is, how can you know what you`re giving up? You can`t; That is why it is a prerequisite. There are conditions that must be met for a marriage contract to be valid both at the time it is concluded and at the time it is to be enforceable. Use our customizable wedding agreement template to create, download and print your prenutial agreement online in just a few minutes. A marriage contract (more commonly known as a “prenup”) is a contract and, like any other contract, it must comply with state law, otherwise a court may find it unenforceable. And as with any legal contract, it`s best for each party to have their own lawyer. If experienced lawyers are not involved, these common mistakes can occur and make the prenup worthless. There have been lengthy court battles when a party has challenged the validity of the prenup. A few years ago, the first wife of a well-known baseball player filed for divorce. She sought sole custody of her two children, her $12 million Florida mansion, her Mercedes and a court order invalidating her pregnancy. This would mean that the court would then proceed with a fair distribution of their matrimonial property under Florida law. For example, a prenup may not decide on child support or custody issues.

There is no agreement that can waive a child`s right to parental assistance, and a court must decide or approve a custody arrangement based on the best interests of the child.