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What makes a binding prenup?

Prenuptial agreements in generations past were generally the domain of the wealthy or those who wish to protect assets when they remarried. However, there are various reasons why the average couple would draft one, with many millennials embracing them as a part of their wedding planning.

Invalid prenuptial agreements

Prenuptial agreements are like any other legal contract, which means that some will be upheld while others will not. Several issues invalidate a prenup. These include:

  • Not a legal document: An agreement put together by the bride and groom will likely not hold up – the agreement must follow all statutes and conditions.
  • Signed under duress: It is not legal to force someone to sign a prenup or any other binding contract. One side can claim they were coerced into signing it on the eve of the wedding or as a condition for the marriage.
  • Not fair: Contracts have a better chance of standing up in court if it is a fair and equitable arrangement. Judges are likely to dismiss an unfair prenup deemed to hold one party at a severe disadvantage. It might be unconscionable if it contained certain unrealistic conditions.

Analyzing the agreement

Those considering divorce may want to bring a copy of the agreement to a knowledgeable family law attorney practicing here in Indiana. Their experience in these matters and knowledge of the law gives them insight into the strength of a prenup before arguing the case before a judge. This, of course, provides insight into how the divorce settlement would look.