What Makes a Premarital Agreement Invalid?

Many couples decide to develop premarital agreements to protect their properties, assets, and finances before they get married. This ensures that in case they ever get divorced or if one spouse passes away, there is a legal document that explains who will get the properties, assets, finances, and more.

While it is a great idea to create a premarital agreement to make sure that your spouse cannot take your property or assets in the future, you must be aware of the fact that sometimes these documents can be considered invalid, causing intense stress and frustration among the parties involved. To help prevent this from happening to you, we highlighted seven reasons why a premarital agreement may be invalid.

1. One of the parties has proof that they were forced to sign the document unwillingly

One of the most common scenarios that occurs with premarital agreements is when one party states that they were forced to sign the document unwillingly. If they are able to provide proof that they were bribed or threatened in order for them to sign the premarital agreement, the court will consider the document invalid.

2. The premarital agreement will put one of you on government assistance

Even if a premarital agreement is meant to protect your properties, finances, and assets, it can become invalid if the court realizes that your spouse will likely need financial assistance from the government if the agreement is enforced. This can create a situation in which you may be required to pay spousal support or alimony to ensure that your spouse does not need government assistance to stay afloat.

3. The marriage is not valid or was never legally binding

A premarital agreement may be invalid is if the marriage is determined to be invalid. This means that if your marriage was never legal, or you and your spouse did not sign and turn in the proper documentation/paperwork to ensure that your marriage was legally binding, your premarital agreement may be considered invalid. For example, a commitment ceremony t is not legally binding.

4. The premarital agreement was not signed by both parties

While you and your partner may have both read over the premarital agreement, there must be signatures from both parties, which suggests that you read and agreed to the terms in the document. Without signatures from both parties, the premarital agreement is simply a piece of paper with words on it.

5. One party lied about finances

It is very important for both parties to be upfront, honest, and open about their finances before signing a premarital agreement. If one of the individuals states that they did not know what they were signing or that their spouse was dishonest about their finances, this can make the premarital agreement invalid. It is strongly recommended that you never attempt to hide your assets, properties, or financial information from your partner, especially when it comes to a legal document like a premarital agreement.

7. The document addresses topics that should not be in a premarital agreement

In North Carolina, a premarital agreement cannot address certain issues, such as child support or child custody. As such, a Court may deem a portion of the agreement invalid, or nullify the entire thing, based on your exact circumstances.

8. The premarital agreement heavily favors one individual over the other

While one individual may have a higher net worth than the other, premarital agreements typically should not heavily favor one party over the other. This can seem harsh or harmful to the other individual, which could cause the court to consider it invalid. The objective of this document is not only to protect your wealth and assets, but it is also to ensure that the interests of both parties involved are taken into consideration. If you are unsure about whether your premarital agreement might seem unfair, you should seek legal advice as soon as possible.

If you have questions or concerns regarding your premarital agreement, the Charlotte family law attorneys at Epperson Law Group are here to help. Our team knows and understands that premarital agreements are necessary for couples who want to establish arrangements for their finances, assets, properties, vehicles, collectibles, and more. Therefore, if you are having any issues with creating this document and ensuring that it is valid, please call our office or submit our contact form today.. We are located in Concord, Charlotte, Boone, and Weddington for your convenience.