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Are you trusting an invalid prenup?

You did what you thought was smart, and you got a prenuptial agreement before getting married. You trust it to protect you if things fall apart and you get divorced. However, are you trusting an invalid prenup? Is it really going to stand up in court?

One reason that prenups are sometimes thrown out is if they were fraudulently made. If you weren't honest about your assets, for example, it could invalidate the document. Your spouse could argue that he or she never would have agreed had the true assets been disclosed. The same can be true if you lied about debt.

Another issue is if you didn't take all of the proper steps when filing the document. Even if it seems complex or tedious, it must be done correctly.

You also have to think about how it was signed. Can your spouse claim that he or she was under duress? If so, the agreement may not stand. For example, if you told your spouse the day before the wedding that you would call it off if the paperwork wasn't signed, it could be illegal -- even if your spouse agreed to it at the time.

The basic idea behind a prenup is that both parties want it -- or at least are fine with it. It must be fair, it must be written and filed properly, and you can't force your spouse to sign. If any of those things happened, you should know that your prenup could be invalid, and you may not actually be set up as well as you think if the marriage ends.

Source: Forbes, "Five Reasons Your Prenup Might Be Invalid," Jeff Landers, accessed Feb. 08, 2017

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