Cheap Divorce

A resource for you as you consider, prepare for, or go through the process of getting a divorce.

  • Home
  • About CheapDivorce.org
  • What is Divorce?
  • How To…
  • The Effects
  • Child Custody
  • Divorce Law
You are here: Home / How To... / Validity of the Prenuptial Agreement

Validity of the Prenuptial Agreement

By Trevor

A prenuptial agreement can be good or bad.

Good in that it ensures that whatever assets you may wish to protect are not effected by a later divorce, bad in that it can complicate and prolong a divorce.

You may be wondering whether the prenuptial agreement you signed is valid now that you are getting a divorce. The reality is that a prenuptial agreement is very easy to create and almost always valid. The United States legal system has long been a proponent of allowing parties to contract. The freedom to contract is long been considered a fundamental right. A prenuptial agreement is a contract that provides certain conditions before, during, and after marriage. Although a prenuptial agreement is easy to create, there are a number of requirements that must be met for the prenuptial agreement to be valid.

First, the agreement must be agreed to by both parties voluntarily. This means that the parties are both willing to do what the prenuptial agreement says. If one party is coerced or under extreme mental anguish at the time they agree to the prenuptial agreement, then the agreement is not valid.

Second, both parties must understand the agreement. If one party is so in love at the time they agree to the prenuptial agreement, they may not read or pay careful attention to the terms of the agreement. Additionally, both parties must fully disclose to each other their respective financial situations and prospects. This means that if one party has large debt, they must disclose that fact. If one party has large amounts of stock in a certain company, then they have to disclose that. If one party expects to inherit a large amount of money, that has to be disclosed.

Finally, the document must be signed by both parties in the presence of a notary.

Image by: .v1ctor

Filed Under: How To...

Recent Updates

  • Real estate ownership — Married vs. cohabiting
  • What does a cohabitation agreement look like?
  • Cohabitation agreements: The prenup for nonmarried couples
  • So we never actually got married… Can we still get “divorced”?
  • Distribution of property when one spouse is “at fault”
  • Distribution of property: A piece of the pension pie

Categories

  • Child Custody
  • Divorce Law
  • How To…
  • The Effects
  • What is Divorce?
The content of this website is provided for informational or entertainment purposes only, and should not be construed as legal advice. Always consult with an attorney regarding any legal issues. If you live in Alabama, Florida, Missouri, New York or Wyoming, please click here for additional information.
Copyright © 2012-2014 Cheap Divorce