Are Last-Minute Prenuptial Agreements Valid?
Prenuptial agreements allow couples to enter their marriages without worrying about what will happen financially should they later choose to divorce. However, some couples may not decide to create a prenuptial agreement until shortly before their wedding. In these cases, some questions regarding the legality of the document may arise.
If you want to draft a prenuptial agreement before your wedding or are wondering if your agreement is valid, we may be able to help. For more information about these agreements, contact a West Palm Beach divorce lawyer of Eric N. Klein & Associates, P.A., at 561-353-2800 today.
When Are Prenuptial Agreements Invalid?
Last-minute agreements can withstand legal scrutiny if they are signed when both parties are clearly and freely consenting. Duress is a serious issue for a prenuptial agreement, and it may be cited to render an agreement invalid.
The following may be considered signs of duress or foul play with a prenuptial agreement:
- A person doesn’t understand what he or she is signing
- A person is not mental capable of providing consent
- A person isn’t physically capable of providing consent
- A person is threatened into signing
If someone demands a prenuptial agreement before a wedding, refusing to go through with the ceremony without the other person’s agreement, this may be considered duress by the court. This can potentially invalidate the agreement.
Contact Us
If you’re looking for a legal advisor to help you before signing a prenuptial agreement, we may be the right firm for you. To learn more, contact a West Palm Beach divorce lawyer of Eric N. Klein & Associates, P.A., today by calling 561-353-2800.
