Choosing to sign a prenup means you were thinking ahead. You knew that you might get divorced in the future, and you wanted to protect your financial assets. That’s a wise move with how common divorce is these days.
However, many people do not realize that they have an invalid prenup until it’s too late. They trust that those protections are going to be in place when a divorce happens, and then feel stunned to find out that they’re not. This isn’t something you want to learn as you head to divorce court.
Top reasons prenups fail, according to industry professionals
Though there are countless reasons that a prenup can be invalid, here are five of the top reasons that industry professionals have noted:
- You were not honest about your assets when you wrote and signed the prenup.
- Your spouse was under duress when they signed, meaning they didn’t really want to do so.
- You signed the prenup on a day that was so close to the wedding that your spouse did not have enough time to read it and consider it.
- The prenup was signed while your spouse lacked the mental capacity to do so — after drinking, for instance.
- The prenup has clauses that are illegal. For example, you tried to put your child custody rights into the prenup.
The courts do not take these types of things lightly. In some cases, one mistake is enough for them to throw out the entire document. You must know how you can protect your assets and what legal options you have when things grow unexpectedly complex and your financial future hangs in the balance.