What makes a prenuptial agreement unenforceable?
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What makes a prenuptial agreement unenforceable?

On Behalf of | Feb 14, 2022 | divorce

When you are in love and planning to marry it can be easy to be swept up in your emotions as you get ready for your big day. But while planning the wedding is important, so is planning for your post-wedding life. This may include contemplating what will happen if you end up divorcing in the future. For this reason, some people in Pennsylvania choose to execute a premarital agreement.

What is a premarital agreement?

A premarital agreement, also referred to as a prenuptial agreement or “prenup” is essentially a contract between two people planning to be married in the future. In a prenup, the couple may outline how property will be divided should they divorce. Spousal support, also referred to as alimony, and other divorce legal issues aside from child support can also be included in a prenup. However, upon divorce you may have a reason why you believe your prenup should not be enforced.

Evidence

If you are divorcing and you believe your prenup should not be enforced, you bear the burden of showing by clear and convincing evidence that one of the following circumstances exist. One is that you did not voluntarily execute the prenup, for example because you were incapacitated, coerced or subject to undue influence. A second is if you, prior to executing the prenup, were not given a fair and reasonable disclosure of all your ex’s assets and debts, and you did not waive such a disclosure voluntarily and in writing and your knowledge of your ex’s assets and debts was inadequate.

Take care

If you do decide to execute a prenup, it is important that you understand all your rights and options. This includes the right to full disclosure of all assets and liabilities as well as the right to have your own independent counsel represent you during the execution of the prenup. With these safeguards in place, you can make decisions that are in your best interests.