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Could some prenuptial agreements be invalid?

On Behalf of | Nov 16, 2021 | Prenuptial Agreements

Most engaged couples are so wrapped up in each other and in planning their weddings that they don’t give pause to the what-ifs. Many Texas couples still don’t give consideration to prenuptial agreements for a few different reasons, such as they view it as being terribly unromantic and they intend to live happily ever after. But life has a way of throwing a kink into things sometimes, so having a prenuptial agreement can be beneficial for both parties. 

Reasons a prenup may be invalid 

A couple that does have a prenuptial agreement may find themselves in the throes of divorce one day, and unfortunately one spouse may consider the prenup (as it is also known) to be unfair or financially harmful to him or her. It is possible the terms of a prenup may not be valid or enforceable. Either party has the right to challenge the document. Here are some common reasons a prenup could be invalid: 

  • Both parties did not sign the agreement prior to the wedding. 
  • A physical written agreement can’t be found. 
  • One person pressured the other to sign the agreement. 
  • One party did not read and/or understand the agreement terms. 
  • The provisions in the agreement are invalid. 
  • Some necessary information is missing from the agreement. 
  • Terms of the agreement are unconscionable or blatantly unfair. 

Carefully and thoroughly examining the contents of a prenuptial agreement may help to determine the best way forward. Prenuptial agreements can be complex, so each individual should understand his or her rights under the law in Texas in reference to this agreement. An invalid prenup can have long-term impacts, and if one has issues, questions or concerns regarding the document, he or she could find the help and support needed from an experienced family law attorney. 

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