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?
While “rushed” may not be the best claim to void a prenup, there are a number of legal bases to do so. For instance, being coerced into signing the agreement can void the contact. So can signing under duress. Failure to fully disclose the agreement to you can also lead to invalidity of the agreement.
A prenup in Minnesota may 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 executed 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 legal representation when you signed the agreement – It is important to have the representation of a qualified attorney to ensure the terms of the agreement are understood.
- 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 rejected.
For the best opportunity to enforce a prenuptial agreement, both parties should have their own attorney. The prenup must be written, executed without coercion, and signed after full disclosure of both parties’ assets, debts and income.