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What Issues Can Invalidate a Prenuptial Agreement?

Ryan E. Gatti Attorney at Law

As prenuptial agreements are becoming quite common in Louisiana and across the country, some courts are also beginning to throw them out in the event the couple divorces. Prenups, in the past, were primarily used by high-net worth couples to determine the division of assets in the event of a divorce.

Once thought to be fairly set in stone and difficult to void, judges can revoke prenups for certain reasons. A family law attorney is a key asset in helping you understand some reasons judges revoke prenuptial agreements.

The prenup is untrue

Whether knowingly or not, a prenup is invalid when one party has not been completely truthful about their assets. Oftentimes, a party may undervalue or fail to list assets in the agreement to avoid losing them in a divorce.

The spouse signed the prenup under duress or without mental capacity to do so

If one spouse can prove someone forced them to sign a prenup or if they were otherwise impaired at the time of signing, it may be invalid. Impairments can include illness or taking medications that would have rendered them incapable of knowing what they were doing.

One party did not have sufficient legal representation

You should never sign this type of a document without having a family law attorney explain it to you and possibly witness the signing. In the event that you did not, a judge might take that into consideration.

The agreement is not equal or has off-the-wall provisions

If the prenup appears off-balance leaving one spouse with much less than the other, judges are likely to render it invalid. Off-the-wall provisions in prenups like weight gain, hair color changes and predetermined frequency of sex are also likely to be looked askance at by a judge.

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