Call for an attorney consultation.
Epperson Law PLLC

How to help ensure a prenuptial agreement remains enforceable - II

In the days, weeks and months leading up to a wedding, couples will have to complete a seemingly innumerable amount of tasks. In fact, as we started discussing last time, there is at least one more task -- decidedly unromantic in nature -- that experts recommend they consider adding to their lists: the execution of a prenuptial agreement.

To recap, a prenuptial agreement is a legally binding document that allows couples to reach mutually acceptable decisions on matters like alimony and property division ahead of time, such that in the event of a divorce, they can save themselves time, money and, of course, unnecessary emotional trauma.

As we also started discussing last time, engaged couples must understand that the failure to execute prenuptial agreements properly will likely result in them being declared invalid and these aforementioned advantages forfeited.

To the end, we examined five different situations in which courts will invalidate a prenuptial agreement and, in today's post, we'll examine five more.

  • Invalid provisions: If the prenuptial agreement is littered with illegal provisions (modifications of future child support obligations, etc.) then it's likely it will be considered invalid. However, if only a few clauses can be declared as such, it's likely that the court will strip them and enforce the remainder of the prenuptial agreement.
  • Partial information: Each spouse must fully disclose all pertinent information, particularly as it relates to assets, income, debts and other financial matters. Failure to do so will likely result in the court finding the prenuptial agreement invalid.
  • Untrue information: Similarly, each spouse must truthfully disclose all pertinent information, particularly as it relates to assets, income, debts and other financial matters. Any failure to be honest in this regard will likely result in the court finding the prenuptial agreement invalid.
  • Unconscionable provisions: In the event the prenuptial agreement is drafted in such a way that it would result in one spouse prospering and the other enduring severe financial hardship, it will likely be labeled unconscionable and therefore unenforceable.
  • Failure to consult with independent counsel: Given the gravity of the stakes involved, it's highly recommended that both spouses consult with their own attorney before signing a prenuptial agreement. While the failure to do this won't automatically invalidate the prenuptial agreement in many states, it can nevertheless serve as a highly persuasive factor in determining whether it should be allowed to stand.

Consider speaking with an experienced legal professional if you would like to learn more about your rights and your options as they relate to prenuptial agreements or any other important family law matter. 

No Comments

Leave a comment
Comment Information

Tell Us About Your Experience:

Why We Are The Firm You Want On Your Side
  • 24

    24/7 Access To Your Attorney

  • Honest

    Honest And Practical Advice

  • Aggressive

    Aggressive Advocacy

  • Regular

    Regular Status Updates

  • In-depth

    In-depth Knowledge of The Local Judicial System

  • Caring

    Caring Service For Your Difficult Family Law Issues

Email Us For A Response

From Start To Finish -Our Attorneys Will Be Here To Guide You Identifying good and bad decisions in difficult family law matters is what allows you to take the best possible steps forward. Protect what matters most with Epperson Law PLLC.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Weddington Office
13657 Providence Road
Weddington, NC 28104

Toll Free: 888-805-8163
Phone: 704-288-1359
Weddington Law Office Map

Boone Office
184 North Water Street
Boone, NC 28607

Toll Free: 888-805-8163
Phone: 704-288-1359
Boone Law Office Map