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Top 10 Reasons a Premarital Agreement May be Invalid

Posted by Richard Price | Oct 03, 2009 | 0 Comments


A topic that comes up periodically is prenuptial agreements. Sometimes people plan ahead, think through the issues and come up with appropriate agreements that actually benefit both parties, or at least don't take advantage of one of the parties. As helpful as they can be, most often we hear about them when a couple is splitting up and there will be a huge fight unless the prenuptial agreement is valid.

Stephen Worrall, who writes one of my favorite blogs, the Georgia Family Law Blog, had a recent post about that issue.

“FindLaw has a list of 10 reasons which may cause a prenuptial agreement to fail. For more details, check out the original post, but this is a list of those reasons:

  • No written agreement.
  • Not properly executed.
  • You were pressured.
  • You didn't read it.
  • No time for consideration.
  • Invalid provisions.
  • False information.
  • Incomplete information.
  • No independent counsel.
  • Unconscionability. ”

If you are wanting to end up with an enforceable prenuptial agreement, make sure that the 10 problems are avoided. Taking shortcuts and rushing through the preparation and signing of the agreement will almost guarantee that it will be unenforceable. Clearly, this is something that you need a lawyer to work with you and another lawyer for your soon-to-be spouse. If you invest the time and money up front, you should save a lot more at the end, if there is one.

About the Author

Richard Price

It's a good idea to know something about your attorney before you hire him or her. Most people prefer an experienced and knowledgeable attorney. The following is a brief description of the practice of Richard C “Dick”  Price, followed by a list of his professional honors, memberships, educational background and activities.  He has practic...


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