Did you sign a prenuptial agreement and it felt a bit rushed? Did you not have time to adequately read the terms of the agreement? Were you coerced into signing the agreement?
It can be difficult to have a prenuptial agreement thrown out, even if you were rushed. The attorney for the other party may insinuate that because you were not threatened nor had a gun to your head, you could have read through the terms of the agreement before signing.
While rushed may not be a good claim to void a prenup, there are other claims that are. For instance, being coerced into signing the agreement can void the agreement and so can signing under duress. Failure to fully disclose the agreement to you can also lead to invalidity of the agreement. If one of these three reasons were why you were rushed, it is possible to deem a prenuptial agreement invalid. A prenup in Minnesota can also be deemed invalid if any of the following are true:
- You lacked the mental capacity to sign the prenup – If you can prove that you lacked mental capacity to understand what you were signing, it is possible to invalidate it.
- The paperwork was never filed to begin with – As with any legal document, a prenuptial agreement can only be enforced if the paperwork was filed and does not contain careless errors. If the initial agreement was not drafted well, then it could be invalidated.
- You lacked the legal representation of a Minneapolis estate planning attorney when you signed the agreement – It is important to have the representation of a qualified attorney present to ensure the terms of the agreement are understood and to even negotiate terms. While prenups are ironclad, it is still possible to have it thrown out if you didn’t have the help of an attorney.
- The provisions are ridiculous – If the provisions are lopsided or simply ridiculous, it may be thrown out. For example, a prenup that says no child support is to be paid in the case of a divorce, it is most likely going to be thrown out. Prenups that also contain details such as hair color, in-laws visits, weight gain, and other strange provisions would most likely not hold up in divorce court.
In order for a prenuptial agreement to be completely effective, both parties should have their own attorney, the prenup must be written, it must be executed without coercion, it must be executed after full disclosure, it is executed by both parties, and it is written in a recordable format.