A premarital agreement can offer clarity and peace of mind for both people entering a marriage. It can help define how property, income and debts will be treated during the marriage and in the event of a divorce. However, not all prenups hold up in court. Certain mistakes or oversights could make your agreement unenforceable when you need it most.
Understanding what can invalidate a premarital agreement is essential if you want its terms to matter later. Courts examine how the agreement was created, what it includes and whether both people entered into it freely and fairly.
1. Timing and free will matter
A prenup must be signed before marriage, and both people must sign it voluntarily. If one person signs it under pressure, such as on the eve of the wedding, that can raise red flags. Courts may also question the agreement’s validity if there was not enough time to read and understand the terms. The agreement should reflect a fair process, where each person has space to consider their options without coercion.
2. Full and honest financial disclosure is required
The agreement only works if both parties are truthful about their finances. Leaving out significant assets or hiding debts can cause a court to set the agreement aside. Full financial transparency is a core requirement. Even if the terms seem fair, the agreement may be invalid if someone withheld important financial information when it was signed.
3. The terms must be fair
Courts may refuse to enforce a deeply one-sided agreement. If one person ends up with all the property and the other is left with all the debt, that imbalance could make the prenup unenforceable. Even when an agreement appears reasonable at the time of signing, it can still be challenged later if the outcome seems harsh or unjust.
Understanding these basic rules can help protect the intentions behind your agreement and give it lasting legal value.
