Can a Prenup Be Voided? 7 Ways This Can Happen
A prenup can be voided if it fails to meet legal requirements. While a well-drafted prenup provides peace of mind, it may not hold up in court if issues like coercion, deception, or unreasonable terms are involved making it unfair to one party.To ensure your prenup is enforceable and to minimize the risk of it being voided, it's essential to hire an attorney well-versed in family law to guide you through the process from start to finish. You can ask Neptune anything about any prenup topic, and we can also match you with a lawyer who can tailor the agreement according to your needs.
Key takeaways
- You must sign your prenup at least 30 days before your wedding to avoid timing issues, with some states like California requiring a minimum 7-day review period before signing
- Each partner needs their own independent attorney - sharing the same lawyer can create conflicts of interest and make your agreement unenforceable
- You must provide complete financial disclosure of all assets, income, and debts - hiding any financial information can invalidate your entire agreement
- Your prenup can be voided if signed under pressure or if either partner doesn't fully understand the terms or language used
- Once signed and notarized, you cannot simply modify your prenup - any changes require specific legal procedures to maintain validity
- Courts will invalidate agreements with unfair or one-sided terms that heavily favor one partner over the other
Common Grounds to Invalidate a Prenuptial Agreement
While a prenuptial agreement provides a roadmap for a better financial future with your spouse-to-be, it's not always ironclad. The court can challenge its validity in certain circumstances, such as failing to follow state regulations and laws. Below are common reasons the court may choose to invalidate your prenup.
1. Timing Issues
Timing is of great importance when signing your prenuptial agreement. For example, the court may question its enforceability if the agreement is signed too close to the wedding date. This may indicate that you and your partner didn't have ample time to read through it, ask questions, and understand the terms of the agreement.
Timing issues can also arise when the other partner is pressured into signing the document at the last minute. In California, for instance, the couple must have at least seven days to review the prenup before signing it. If the agreement is signed earlier than seven days, the court can render it unenforceable.
To avoid these kinds of timing issues, the couple should sign the agreement a month before the wedding. By allowing time for a good review of it, the couple can ensure the prenup is valid. It's recommended that couples start discussing their prenup at least six months before the wedding date so as not to feel pressured or rushed.
2. Lack of Legal Representation
Both partners should have their own legal representation, or there’s a chance a judge can invalidate the prenup. Prenups often cover intricate and sensitive financial matters like spousal support, estate planning, and property rights. This makes it all the more important for each of you to receive unbiased legal advice.
Sharing the same lawyer can create conflicts of interest, even if those conflicts are unintentional. If a court finds that one party is at a disadvantage because of this, the agreement may not hold up.
3. Unfair Terms
Unfair terms can refer to provisions in the prenup that seem unjust, one-sided or favors the other partner. For example, a prenup that requires one partner to assume all financial sacrifices is considered unfair. This is why seeking independent legal counsel is so important for each of you. It helps ensure the agreement outlines your financial goals and interests and there is a level playing field.
4. Signed Under Duress or Without Mental Capacity
Signing a prenup with your partner should always be a voluntary decision. It should be free from any form of pressure—whether emotional, financial, or physical. Duress can take many forms, such as a partner presenting the prenup right before the wedding and insisting it must be signed or the wedding is off. In cases like this, the court may rule the agreement invalid.
A prenup may also be questioned if one of you doesn’t fully understand its terms or isn’t fluent in the language it’s written in. To prevent misunderstandings, both of you need to take the time to review everything very carefully. Don’t be afraid to go over your agreement with a fine toothcomb. And never be afraid to ask questions if you are unsure about something.
A prenup should be a collaborative effort built on fairness and mutual understanding—not stress or ultimatums.
5. One of You Fails to Disclose All Financial Information
Full and fair disclosure is also key when it comes to creating an enforceable prenup. Both of you must fully disclose all of your assets, income, and liabilities. This kind of financial transparency can help you make informed decisions based on understanding what each of you brings to the table financially. It helps keep things fair and strengthens your relationship.
Allow plenty of time to list all your assets, including investments, bank accounts, and real properties. Income can also include bonuses, project fees, salaries, and other revenue sources. Liabilities can include loans, debt, and credit card balances. Work with your attorney to ensure you don't miss anything.
6. The Wrong Filing Procedure
To make sure that your prenuptial agreement ends up legally valid and enforceable, you need to follow proper filing procedures. This includes signing the document and having it notarized.
Since the requirements differ from state to state, your attorney can ensure everything is done correctly and minimize any chance there is that it will be deemed invalid by the courts.
7. Modifying the Document After Signing
Once the document is signed, you can’t change its terms. While changing the prenup may be possible, there are specific procedures you will have to follow to avoid invalidating the document altogether. If you wish to modify or change the terms of your agreement, consult with your lawyer about the best next steps.
Get Started With Writing a Prenup
Creating a prenuptial agreement is a proactive step to planning your future together. You can align your visions and goals by having an open and honest discussion about your partnership.
Neptune helps by connecting you with vetted family law attorneys who can help you tailor your prenup according to you and your partner’s unique needs. Take the first step to building a solid foundation for your future by chatting with Neptune today.
Frequently asked questions
Can a prenup be voided?
Yes, a prenup can be voided by the court under certain circumstances. Common reasons include signing too close to the wedding date, lack of independent legal representation, unfair terms, signing under duress, failure to disclose financial information, improper filing procedures, or unauthorized modifications after signing.
How close to the wedding is too late to sign a prenup?
In California, couples must have at least seven days to review the prenup before signing it, or the court can render it unenforceable. It's recommended to sign the agreement at least one month before the wedding and start discussions at least six months in advance to avoid timing issues.
Do both parties need separate lawyers for a prenup?
Yes, both partners should have their own legal representation to ensure the prenup is enforceable. Sharing the same lawyer can create conflicts of interest and put one party at a disadvantage, which may lead a court to invalidate the agreement.
What makes a prenup unfair or invalid?
A prenup can be considered unfair if it contains one-sided provisions, such as requiring one partner to assume all financial sacrifices. The agreement must be fair to both parties and created through independent legal counsel to ensure it represents both partners' financial goals and interests.
Can you change a prenup after signing it?
Once signed, you cannot simply change the terms of a prenup without following specific legal procedures. Any unauthorized modifications after signing can invalidate the entire document, so you must consult with a lawyer about the proper steps to modify your agreement.