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Thinking about divorce? Know if your prenup is valid

Jun 14, 2021 | Premarital and Postmarital Agreements

Having a prenuptial agreement can give you and your partner a great deal of peace of mind. And while some couples never need to refer back to the contract again, you may very well want to review it if you are thinking about divorce.

One reason why it can be crucial to review your agreement before either party files for divorce is that it can prepare you for challenges that may arise. For instance, you do not want to find out that your agreement is invalid when it is too late to make adjustments.

Why a prenuptial agreement can be invalid

There are numerous reasons why a prenup may not be enforceable. Some common examples include the following scenarios:

  • One party was coerced into signing it
  • It is unreasonably unfair to one party
  • Both people did not sign the agreement
  • There is inaccurate, misrepresented or fraudulent information in the agreement
  • It contains clauses that are unlawful under Texas state laws

Under these circumstances, any agreement you have could be vulnerable to contest. If the courts find that clauses or the entire contract is invalid, it can set aside the agreement.

Adjusting your plans and expectations

Whether you hope the agreement is invalid or you want to be sure that it will protect you, determining whether it is enforceable or not is crucial. If you feel there is a chance that your prenup is invalid, you can talk to your lawyer and assess your options.

You may be able to change your approach to the divorce or adjust your spending and saving habits based on the strength of your prenup. If a split is not inevitable or there is a chance for reconciliation, you and your spouse may want to draft a postnuptial agreement that you can be sure is valid.

There is no need to wait until a divorce is underway to analyze the protections that are or are not in place. Being proactive can help you take charge of your future, whatever it may hold.

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