A prenuptial agreement is a good planning document, but it is only valuable if it is valid. In order to ensure that your Westchester County prenuptial agreement is valid, you will need to have it reviewed in full by a legal professional. Here are the four most common reasons that a prenuptial agreement might be considered null and void.
Each spouse is required to provide full disclosure of assets in a Westchester County prenuptial agreement. If one spouse discovered that the other hid assets, the first spouse may be eligible to argue that the agreement should be thrown out.
Improper Paperwork Filing
The enforceability of a prenuptial agreement can come down to seemingly small details. Careless or overlooked errors might mean that the agreement is less airtight than you expected. If it was not drafted and filed properly, the agreement can be rendered invalid.
Signed Sans Legal Representation
Both parties signing a prenup should have their own legal counsel. It is never a good idea to sign any legal documents without having an attorney review it.
The Agreement is Considered Unfair
If your Westchester County prenuptial agreement has ludicrous provisions inside or is determined to be too unfair, there may be a chance of invalidating it down the road. This is especially true of agreements that include statements regarding claims that no child support will be paid or provisions about weight gain or hair color.
All of these mistakes can be avoided by going over the document carefully under the guidance of an experienced professional. It can be surprising and confusing to have a prenuptial agreement thrown out, so do your due diligence.