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For many couples, executing a prenuptial agreement is part of the financial planning process before marriage. Attorneys help draft the contracts, which list each party’s assets and debts going into the marriage and property rights in the event of divorce. To ensure the start of your union is valid, avoid the following situations.

What Are Some Reasons a Prenup Won’t be Enforced?

1. Fraud

Deception can invalidate a prenuptial agreement. When drafting the contract, all assets and values must be disclosed by both individuals. Intentionally keeping property off the list, taking steps to hide certain assets, or not providing actual income at the time of marriage are all examples of fraud.

2. Coercion

attorneysAlthough planning for a potential divorce can be stressful for some engaged couples, neither party should feel pressured into signing the contract. Threats of physical harm, restraint, confinement, and blackmail by a soon-to-be spouse or their attorney could influence a person’s decision to sign a prenup. If you can prove the agreement was executed involuntarily, it could be thrown out by a divorce judge.

3. Unfairness

When determining the validity of a prenup, the fairness of the agreement is another factor courts consider. If the terms seem to serve the best interests of one party over the other, the contract could be considered unfair and invalid. That’s why each person should hire their own attorney to help work out the terms.

 

For a prenup to be valid, it must be executed before you walk down the aisle, so contact the attorneys at Castles Family Law in Brentwood, TN, for help. These counselors specialize in child custody, estate planning, and divorce law to help clients in Davidson and Williamson counties prepare for the future. Call (615) 804-6086 for a consultation, or learn more about how these family attorneys can help you online.

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