Is My New York Prenuptial Agreement Invalid?
The phrase “half of all marriages end in divorce” leaves the chances of your marriage’s success equal to the flipping of a coin. For some couples, this statistic can convince them to avoid marriage at all costs, while others may turn to alternative means to protect themselves in the instance that they become a part of this statistic. In some cases, there may be no surefire way to avoid divorce, as even the most perfect-looking couples from the start can find their marriage coming to an end. However, creating a prenuptial agreement (prenup) can keep you and your spouse from a disastrous divorce. A prenup allows you to outline how you want things handled in the instance of divorce, including asset division and spousal maintenance estimates. While this document can remove the legal burden that a divorce can bring, minor mistakes in your prenup can set you back to square one.
Reasons for Invalidity
As couples sign the dotted line on their prenuptial agreement, they may feel a huge sense of relief. Even if divorce is in their future, they have things covered to avoid the messy proceedings they have heard about on television or from close friends. Some couples, unfortunately, may realize that their prenup is invalid when they look at it after deciding that divorce is their next step. To avoid this happening to you and your partner, note that the following details can make your prenup invalid in a New York court of law:
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Fraudulent Details: Prenuptial agreements require full and accurate disclosure of all assets or financial information. If either party undervalues his or her assets or savings, this can invalidate the entire agreement. The court will view this as an attempt to conceal these funds from one spouse and keep them outside of your divorce.
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Not of Free Will: In order for a prenup to work, both parties must willingly agree to all of its details. If either party felt as if he or she were under duress or coercion to sign the papers, the prenuptial agreement will not be considered valid. This is very difficult to prove years later and requires an experienced attorney’s help.
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Improper Filing: Any minor inaccuracies or errors are not tolerated in a court of law, as is the case with any legal contract. Be sure to have your prenup reviewed by at least one legal professional before filing it.
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Individual Representation: Unlike many other states, New York does not require each party to have his or her own legal representative while formulating a prenup. However, you should still hire your own attorney to assist you with the process. If your spouse was in charge of the hiring process, the attorney may favor his or her opinions or preferences more than your own.
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Clear Foul Play: The purpose of a prenuptial agreement is to have a fair divorce if it ever comes to this. However, it is not unheard of for one spouse to create a completely lopsided agreement to take advantage of his or her soon-to-be ex-spouse. If there are ridiculous or unfair terms in the agreement, such as the refusal to pay child support, a court could consider the entire agreement invalid.
Call a Rockland County Divorce Lawyer
It is always advisable to protect your hard-earned personal assets by building a prenuptial agreement before saying, “I do.” Some may think that creating a prenup will weigh down their relationship, but many couples claim that these documents actually saved their marriage since they never had to consider the possibility of a contentious divorce. The Law Offices of Robert S. Lewis, P.C. has seen poorly formulated prenuptial agreements become useless when they are needed most. We have extensive experience assisting couples with their personalized and legally valid prenuptial agreements. Attorney Lewis uses his 35 years of experience to prioritize and record each couple’s concerns in their prenup. For legal help, call our Hudson Valley area prenuptial agreement attorneys today at 845-358-7100 to schedule your free consultation.
Source:
https://www.forbes.com/sites/jefflanders/2013/04/02/five-reasons-your-prenup-might-be-invalid/#7c4c51c919a5
