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Prenuptial agreements may be invalid if done or filed incorrectly

On Behalf of | Apr 13, 2013 | Firm News |

Back in the old days, a prenuptial agreement was seen as insulting and demeaning to the marriage but now, it’s the opposite. More and more couples are considering signing this type of agreement prior to marriage. Why? For many it’s to protect one’s assets or to avoid disputes in the event of a divorce. Many Minnesota residents may have been shocked after a court threw out a prenuptial agreement a woman signed in a recent case.

For a long time, prenuptial agreements were considered iron clad once signed. However, there are indeed ways to nullify them. What can Minnesotans do to ensure this does not happen? For one, assets identified in a prenuptial agreement must not be undervalued or hidden. If assets and income is not fully disclosed when a prenuptial agreement is signed, then the agreement has a chance of being revoked.

Another mistake some couples could make when signing a prenuptial agreement is not having it filed correctly. Also, if the agreement was drafted poorly, it may be invalid. Many couples that construct a prenuptial agreement without legal help may face this. Seeking the assistance of an attorney is a common way to avoid this problem.

In addition, each spouse should have their own attorney when faced with a prenuptial agreement. Lastly, every prenuptial agreement should be written. An oral prenuptial agreement is not valid. With a written document, couples have record of their agreement. Think of it as having the same significance as a will or last testament.

When constructing prenuptial agreements in Minnesota, corners should never be dodged. By properly filing a document and having it looked over by a qualified attorney, the prenuptial agreement will last forever, just like the ideal marriage should.

Source: Forbes, “Five Reasons Your Prenup Might Be Invalid,” Jeff Landers, April 2, 2013


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