Having a prenuptial agreement is beneficial for many married couples, especially in high-asset situations. This agreement protects personal and family assets as well as businesses, and it outlines the distribution of assets and property in the event of a divorce.
However, a judge may find the agreement invalid for certain reasons. If you and a partner are considering a prenup agreement, there are some things to keep in mind.
Coercion or duress
According to FindLaw, the courts may not accept the terms of a prenuptial agreement if one of the parties signed the agreement because he or she felt pressured or threatened. A judge may also invalidate the agreement if one party was not given sufficient time to read it over and discuss it with an attorney.
Lack of full disclosure
Each party must be honest and give full disclosure about their assets and debts. If there is misrepresentation, a judge will likely not validate the agreement.
Encouragement for divorce
The agreement may not give incentives for divorce. Doing so may result in an invalidation of the contract.
Other potential invalid provisions
A judge might not validate a prenup if each party did not hire their own attorney, as doing so improves the chances that the provisions are fair for each one signing the contract. Writing an agreement without any legal counsel may also result in an invalid contract.
Most experts recommend not including provisions regarding child custody or support. If they are in the prenup, a judge will likely strike down those parts unless they follow Ohio law and are in the best interest of the children.
