Before you got married, your husband convinced you that it was in your best interests to sign a prenuptial agreement. Now that your divorce is on the horizon, you are wondering how much a role that prenup will play in the settlement. Did you give up your rights to the marital home in Sugar Land? Will you have any claim on the condominium you and your husband invested in as a rental property on Galveston Island? Most importantly, will the agreement even hold up in court?
There are a number of reasons why a Texas court might rule that a prenuptial agreement is invalid, however, it does not happen often. To find out more about reasons why your prenup might be invalid, read below.
The law requires that each party to a prenuptial agreement disclose, in totality, all of his or her assets. If your husband left out a few items, such as an oil and gas lease in West Texas, or some other source of income when the prenup was drafted, the court may rule in your favor and throw out the contract.
Like with any other contract or legal document, if you were under coercion or duress when you signed it, you might have a case. However, this is often extremely difficult to prove.
In order for a prenuptial agreement to be valid, each party must have one’s own attorney. This means that if you sat down with your husband and his lawyer and signed the contract, without ever consulting another attorney, your prenuptial agreement might not be valid.
Another reason why a prenuptial agreement might be invalid is if there are unreasonable or outrageous provisions included in the document. For example, if there is language that releases your husband from child support obligations, the court will probably toss out the agreement.
Other reasons to invalidate
Prenuptial agreements also have to meet certain requirements in order to be valid. For example, it must be in writing, not weighted too heavily in favor of one party, signed by each individual, and formatted appropriately. If it fails to meet one of these criteria, a judge may rule against its validity.
If you are considering divorce and you are worried about a prenuptial agreement you signed prior to your marriage, there is a possibility that the contract is invalid due to one of the above reasons. Or, if you are thinking about signing a prenup, be sure it meets the appropriate legal standards.