A Family Law Attorney addresses defenses to a prenuptial agreement and what can invalidate one. In general, a prenuptial agreement is enforceable as long as the parties under the prenup are free from fraud, duress, and undue influence.
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Prenuptial Agreement Must Be Fair and Reasonable
Two of the most common defenses for a prenup are fraud and duress. The most common way to win on a defense of fraud is to show that one spouse did not fully disclose their assets.
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Prenuptial Agreement Can Not Be Executed While One Party Is Under Duress
If a prenup is executed while one party is under duress, it can be set aside. Duress exists when one party causes the other to do something they would not have done otherwise. There are several factors to consider when determining if someone was under duress.
- Age
- Mental Condition
- Physical Condition
- Threat of Physical Violence or Force
If you are concerned about your prenuptial agreement contact us and we’ll see if it is valid and enforceable.