There are many misconceptions about prenuptial agreements. However, the truth is that they can be extremely useful.
Such legal instruments can protect both spouses and ensure a swift divorce, should that day ever come. They also encourage partners to be open and honest about finances from the very beginning, which can actually make the marriage more successful.
Nonetheless, prenuptial agreements have to be drafted lawfully. In certain situations, they may be deemed invalid by the courts. For example:
1. A lack of capacity
As with all legal agreements, those signing up to them should not be coerced. There are rare occasions where someone will attempt to manipulate another into signing an agreement, through the influence of alcohol, drugs, or even the threat of violence. If the court substantiates foul play of this kind, then it will likely deem that the agreement is invalid.
2. A lopsided agreement
It is a common misconception that prenuptial agreements put one spouse at an advantage while the other is left to suffer. The idea behind these arrangements is that both parties are protected. If a prenup is ludicrously unfair and clearly has no regard for the best interests of one spouse, then it may be set aside by the courts.
3. Failure to follow the law
The laws on prenuptial agreements can vary from state to state. There are formalities, deadlines and precise legal language to consider. If your prenuptial agreement is not specific to the State of Texas, then it could be disregarded by the courts.
Prenuptial agreements can protect the best interests of all parties. To ensure that this is the case, it may benefit you to seek some legal guidance before making a commitment.