Even if you have a prenuptial agreement, do not assume that it is valid. You may end up facing divorce and learn that your prenup isn’t going to hold up, and that means you’re not going to get the protections that you assumed it would offer you.
It can be helpful to identify why your prenup may be invalid in advance. This either allows you to plan accordingly or to ask your spouse to sign a postnuptial agreement that will be solid enough to stand in court.
Your spouse never read the agreement
One reason that prenups get thrown out is when one person says they never read it. Maybe they just signed it without knowing what it was. Maybe they thought they read it, but they missed the document. No matter what, a person cannot knowingly sign a prenup and agree to everything it contains without reading it and considering it.
Your spouse didn’t have enough time
Another issue is if your spouse didn’t have enough time. This could just mean they didn’t have enough time to read it, but it could also mean they read it and didn’t have time to consider it, along with their other options. One example is if you showed your spouse the prenup right before you got married, and they only had a day or two before the wedding. It’s just not enough time for them to make an objective decision.
Your spouse was under the influence
This is rare, but it does happen. When one person is under the influence, they lack the mental capacity to sign a prenuptial agreement. Maybe the two of you were out getting drinks when you brought it up. Maybe your spouse had surgery and was impaired by prescription drugs. When someone lacks the mental capacity to sign, the agreement may get thrown out even if it has their signature on it.
Working through your divorce
This is just one of the complications that can arise as you move forward with your divorce. Make sure you understand all of the legal options you have.