When Would a Prenuptial Agreement Be Ruled Unenforceable?
By Tashfeen Haq | Published on July 27, 2011 | 0 Comments
Prenuptial agreements can be ruled unenforceable for a number of reasons, which is why it is so important that people entering into these types of agreements have the foresight to contact an attorney for representation beforehand. According Riverside divorce lawyer Tashfeen Haq, of the HAQ Law Firm, contacting a lawyer is the single smartest thing a person can do before agreeing to sign any prenuptial contract.
As Haq explains, one of the most common reasons why a prenuptial agreement would be ruled unenforceable by a judge is if one of the parties was not given an opportunity to review it with an attorney beforehand. Each person entering into the agreement should be given the chance to have an independent attorney of his or her own choosing review the agreement before it is signed. If this does not happen, then one party could say that he or she did not understand what was written in the agreement and it could be ruled unenforceable by a judge.
Another reason why many prenuptial agreements are invalid is when one of the parties was a minor at the time when the agreement was signed. Whether the other party knew that a minor was signing the contract is unimportant. The Riverside divorce lawyer explains that under California law, a minor cannot be held accountable for a contract he or she signs no matter whether the other person knew of his or her age or not. The laws regarding the ability of minors to sign contracts is not specific to prenuptial agreements, however, it can apply in these cases as well.
Finally, Haq is a divorce lawyer in Riverside who explains that any prenuptial agreements that are signed while one or both parties is in a state of duress will not hold up in court. Additionally, these agreements will not hold up in instances where any type of fraud was involved. If one of the clauses in a prenuptial agreement contained something that both parties did not agree to – such as, if the couple verbally agreed to something and then signed a contract stating something else entirely – then the entire agreement would be ruled unenforceable.
These are just a few of the many reasons why Haq says couples need the advice of a Riverside divorce lawyer before signing any agreements. If a divorce ever were to occur, it is important that the prenuptial agreements a couple put in place remain valid in court.
*Disclaimer: This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.