If you are preparing a postnuptial agreement or you wonder whether an existing agreement is enforceable, it is vital to go over the validity of the agreement. Postnuptial agreements carry various benefits and help many married couples ease their concerns. However, some people are able to challenge these agreements, rendering them invalid.
By approaching the process of setting up a postnuptial agreement properly, you and your spouse can protect both of your interests and address various divorce-related concerns in the event that the marriage does not work out.
When do postnuptial agreements become invalid?
There are various reasons why courts consider postnuptial agreements invalid. According to the New York City Bar, courts do not always enforce postnuptial agreements if one party hides assets. Moreover, some postnuptial agreements are invalid because one party signed under pressure. In fact, courts find some postnuptial agreements invalid because a married couple did not have separate attorneys when creating the agreement.
Can unfairness make a postnuptial agreement invalid?
In some instances, courts do not recognize a postnuptial agreement because they consider it unfair. For example, if a postnup clearly favors one party, such as a husband who does not leave his wife with any property under the agreement, the court could decide that the agreement is invalid.
Postnuptial agreements offer a host of benefits and can simplify divorce, but it is vital for both spouses to make sure that the agreements they sign are valid and enforceable. If you have questions or areas of uncertainty about this legal topic, do not hesitate to review your options.