One powerful tool for divorcing couples actually comes before marriage. While it may be difficult to discuss prenuptial agreements, this legal document actually has many functions that establish certain agreements between the marrying parties.

Often used by many couples to specify assets belonging to each prior to marriage, it can also serve in determining child custody and support, and alimony. For older couples, it can also be an estate planning tool with more gray couples divorcing in recent years.

One thing we learned recently, however, is that the court can invalidate a prenuptial agreement if it found substantial proof of coercion and fraudulent intent during its preparation and signing that could cause hardship to a former spouse. A recent New York story posted here can be used as an example where the judge threw out a prenup because it blatantly intended to set the spouse up to destitution.

 

To be valid, parties to a prenup must have legal representation to review and witness the signing. It should be written in a readable format, is conscionable and signed without coercion. It is executable only upon full disclosure of assets and liabilities. Failure to abide by these simple protocols may lead to invalidity.

There are still other reasons why the court may throw out a prenuptial agreement. Some are simple mistakes. According to a recent article, careless mistakes such as the paperwork not properly filed or were signed without proper legal representation may cause the court to deem the agreement invalid.

But there are also cases wherein the prenuptial agreement contains certain ridiculous and lopsided provisions that may require the court to disregard it. Such agreements include a no child support clause or provisions that discriminate and exclude a partner. These prenups will surely be thrown out during a divorce proceeding.

To be valid, parties to a prenup must have legal representation to review and witness the signing. It should be written in a readable format, is conscionable and signed without coercion. It is executable only upon full disclosure of assets and liabilities. Failure to abide by these simple protocols may lead to invalidity.

For more on prenuptial agreements, parties to a marriage may talk to a legal professional specializing in family laws. Prenuptial agreements are often complex documents that require the legal knowledge of experts who can discern through the convoluted provisions of these documents to ensure fairness and transparency.

Keywords:  child custody and support, full disclosure of assets and liabilities, legal professional, prenuptial agreements