Not All Prenuptials Agreements May Be Valid
Louisiana couples who are about to wed may be thinking about creating a prenuptial agreement. If done correctly, the documents create outlines about how assets and liabilities are handled by both parties during marriage and, in the event of divorce, after marriage. However, there are number of issues that may make an agreement unenforceable.
It is important that both parties agree to the prenuptial details before they sign the paperwork, and approval should not be expedited so that one party feels rushed and is unable to read and understand it thoroughly. Unread agreements or agreements that were signed too close to a wedding date may be deemed invalid. In some cases, the agreement may not be enforceable if one of the signatories did not consult independent legal counsel prior to its execution.
Furthermore, in order for the agreement to be valid during a divorce, it must have been a written agreement rather than a verbal contract. In addition, both parties must have signed the documentation appropriately.
Each prospective spouse must provide full disclosure concerning his or her assets, liabilities and income. If the information is false or not complete, the agreement may be invalid. In some cases, if the parameters of the prenuptial contract are grossly unfair to one spouse, the courts may consider it invalid as an unconscionable contract.
An attorney may be able to assist a spouse in reviewing the contract and could point out inadequacies or factors that may make it unenforceable. In addition, an attorney might also be able to defending the validity of the agreement in court if a divorce occur.s
Source: Findlaw, “Top 10 Reasons a Premarital Agreement May be Invalid“, October 23, 2014