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Can the Court Overturn a Prenuptial Agreement?

Jan. 25, 2021

There are several reasons like debt or significant wealth, which can lead couples to decide on a prenuptial agreement, even when no one enters into a marriage with the hope of it ending. Couples can protect assets in the event of a divorce. It is crucial to know the weak points that can void the whole prenuptial agreement in the future. Information can be found here.

Reasons for Overturning a Prenuptial Agreement

A judge can overturn a prenuptial agreement due to several factors. You won’t see any specific rules that confirm what will overturn a prenuptial agreement. First, some circumstances need to be in place. However, the court can overturn the prenuptial agreement when you forget to complete these basic steps: See here for information about Can Prenuptial Agreement Protect My Future Assets.

  • You must sign a prenuptial agreement in front of witnesses and must be notarized.

  • You need to have an experienced family law attorney review a written agreement before completing the contract.

  • Neither you nor your partner must be under any pressure or in a state of duress to sign the prenuptial agreement. Any lack of willingness or indication of coercion can lead to a divorce judge overturning the agreement.

  • Prenuptial agreements can only be valid when it is prepared and executed in writing. Any word-of-mouth prenuptial agreement will not hold any weight in the divorce court.