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What can make a prenup invalid? 

On Behalf of | Oct 25, 2023 | Divorce

A prenuptial agreement can be very helpful for those who are getting divorced. With some exceptions, it is largely used to make financial decisions. This can help people divide their assets in a divorce because some of those important decisions will already have been made.

However, it’s important for people to remember that a prenuptial agreement could be invalid. If it is, it’s not going to stand during the divorce. So what are some things that could make it invalid?

Illegal provisions

Naturally, none of the provisions can require someone to do something illegal. Even if they agreed to it, the inclusion of such a provision may invalidate the entire agreement.

Child custody decisions

Next, couples can’t make custody decisions in a prenuptial agreement. These need to be made during the divorce itself. No one can sign away their rights to see their child or stipulate that they get 100% parenting time.

Part of the reason for this is that a prenup would then allow the parents to make decisions for the child, potentially before that child was even born. Courts need to focus on the child’s best interests at that time when making custody arrangements. 

Provisions that encourage a divorce

Finally, a prenup shouldn’t be written in a way that makes it more likely that the couple will get divorced. For example, it can’t provide a financial incentive by saying that one person will get a portion of the other person’s money.

Using a prenup

Ideally, a prenuptial agreement will be very helpful. It’s just important for people to understand how to set it up and what to avoid so that it works when they need it. Those who are considering drafting one need to take the time to carefully consider all of the necessary legal steps.