Before getting married, you decide to use a prenuptial agreement. You present it to your spouse, and they sign it. You then get married, and now, five years later, you’ve decided to get divorced.
You assume that, since your spouse agreed to the deal and signed the paperwork, they have to abide by the prenuptial agreement. It doesn’t matter what it says—as long as they signed it, it’s a legally binding contract that will stand in court. Is this always true?
A prenup can actually be invalid
This isn’t always true, and it’s a risky assumption to make. The reality is that prenuptial agreements can be invalidated for numerous reasons.
For instance, perhaps your spouse claims they had been using drugs or alcohol when you brought up the prenup. They did sign it, but they didn’t have the mental capacity to fully understand what they were agreeing to. In such a case, their signature may not be binding, and the prenup could be thrown out.
Another example is if they felt pressured. Perhaps you only mentioned the prenup a few days before the wedding. This put them in a difficult position, as they were concerned about rejecting the prenup and canceling the wedding after vendors had been paid and hundreds of guests had been invited. Additionally, the short timeframe meant they didn’t have the chance to read the prenup thoroughly and consider whether they agreed with its terms. They may have quickly signed it just to ensure the marriage went ahead.
Your options during a divorce
As you can see, it’s essential to understand all of your legal options if you’re getting divorced. Never make assumptions, and take the time to carefully consider the legal steps you’ll need to take.