If your prenuptial agreement is not drafted and filed properly, it’s going to be invalid. You and your spouse can’t simply write out a note at home and store it in the safe deposit box, for instance. It’s not a legally binding document.
However, even if you take the proper steps to draft and file that prenuptial agreement, it may still be invalid. This isn’t something that you want to find out right before you file for divorce, so carefully consider why it may be invalid in advance.
It addresses child custody
First and foremost, your prenuptial agreement has to be financial in nature. You can discuss how to split up the money that you have or the assets that you own, but you cannot say anything about how you would split up custody of your children.
They never read it
If either one of you never read the agreement, it may be invalid on the grounds that one person didn’t know what they were signing. That sometimes happens in cases where the prenup is a last-minute idea and there’s just not enough time to read it and fully consider it before the marriage.
They were under duress
If someone is pressured to sign a prenuptial agreement, then it doesn’t count. Duress can take many forms, and it could involve threats or intimidation. Any time that someone is manipulated or convinced to sign a document that they don’t want to sign, that calls the validity of the document into question.
Whether you’re setting up a prenuptial agreement or getting a divorce, make sure you know about all of the legal steps you’ll need to take.