You’ve listened to your family, you’ve had the possibly tough conversation with your fiance, and you’re doing the smart thing — getting a prenuptial agreement. In a community property state like Louisiana, this particularly vital if you have assets you want to protect that could be considered marital property.
However, a prenup isn’t worth the paper it’s printed on if it isn’t done correctly. Prenups can be determined invalid for a number of reasons. We’re going to discuss some of the top ones here.
One party can say that he or she was pressured into signing it and wasn’t given time to read it. A prenup isn’t something to put in front of your betrothed the night before the wedding to sign. It needs to be discussed and agreed to by both people, and both parties need to understand the terms.
If one party was given incomplete or false information at the time the prenup was drawn up, it can be ruled invalid. There must be full and accurate disclosure by both parties.
If each party did not have his or her own attorney, the prenup may be unenforceable. While it might not seem like the most romantic thing in the world, remember that you’re signing a legal contract with another person, so you should have your own attorney who’s looking out only for your interests.
There is something called “unconscionability” that can make a prenup invalid. It’s not uncommon for one or both people to agree not to take spousal support, profit from their spouse’s business and things of that sort. However, the stipulations in the prenup can’t be so grossly unfair that they could lead to severe financial hardship for one spouse in the divorce.
An experienced Louisiana family law attorney knows the laws of the state and can work to draft a prenup that will hold up in court.
Source: FindLaw, “Top 10 Reasons a Premarital Agreement May be Invalid,” accessed Oct. 22, 2015