When a Prenup is Valuable (and What Can Ruin It)

Divorce has existed through the past centuries – and prenups are becoming more and more common. There are, of course, marked exceptions. Jennifer Lopez and Ben Affleck, for example, recently made headlines when news broke that they had not entered into a prenuptial agreement. The buzz surrounding the LACK of a prenuptial agreement really highlights how accepted – and even EXPECTED – prenuptial agreements have become in our society.

One reason that prenuptial agreements are so widely used is that they can be immeasurably valuable in keeping divorce proceedings streamlined. Divorce often devolves into prolonged legal battles where assets are fought over. Prenuptial agreements can outline what will happen in the case of a divorce.

However, there are many dos and don’ts with prenups. Prenups can predetermine a lot of items that could otherwise become problematic in a divorce. However, certain items cannot be addressed in a prenup and, should you try, you risk the prenup being ruled invalid by a judge. It is important to understand how a prenup can be built to support you, and not be a stumbling block in your path.

What Can Make a Prenup Invalid?

There are many different circumstances that can ultimately lead to a prenup being deemed invalid. For instance, a prenuptial agreement will be deemed invalid if one of the partners signed the prenup:

• Under a state of duress, or
• Without having a full knowledge of all the assets and debts, or
• Without having the opportunity to review the document.

While the above are not the only circumstances which can invalidate a prenuptial agreement, they illustrate some of the basic concepts you should understand before entering your own prenup. The courts value prenuptial agreements that are entered into freely, willingly, and where signors are acting on complete knowledge. If one of the partners is attempting to obscure facts, or entrap their partner into a less-viable position, the agreement will likely not withstand court scrutiny.

An experienced family law attorney can further discuss with you some of the specifics that can impact the validity of your prenuptial agreement, such as:

Lack of Full Disclosure

A marital agreement should transparently, fully disclose the necessary information. Both partners should be fully aware of the other partner’s assets, liabilities, and general financial standing. Obfuscating pertinent information, even accidentally, can lead to a prenuptial agreement being invalidated. The courts value equality and fairness. If the court finds that a lack of information caused one partner to be put in an unfair or unconscionable position they may invalidate the prenuptial agreement – even if the information at issue was only accidentally omitted.

Coercion or Duress

For an agreement to be legally binding it must be entered into without improper duress.

Unconscionability

When terms are overwhelmingly one-sided in favor of one of the partners the agreement may be invalidated.

Fraudulent Intent

If one party attempts to deceive the other party or misrepresent material facts, the agreement could be ruled invalid by the court. The court is interested in ensuring that all parties are treated fairly – consent to terms in a prenuptial agreement must be gained without improper influence, deception, or fraud.

Contact Fort, Holloway & Rogers

The experienced Franklin prenuptial agreement attorneys at Fort, Holloway & Rogers can help you determine the next best steps in your own prenuptial agreement case. Our team has advised countless clients – contact us today to begin discussing your situation with our experienced team.

Source:

nydailynews.com/2025/02/07/jessica-alba-and-cash-warren-file-for-divorce-after-17-years-no-prenup/

findlaw.com/state/tennessee-law/tennessee-prenuptial-agreement-laws.html