When you sign a prenuptial agreement, you make financial decisions about your divorce in advance. For instance, you may want to protect the wealth that you brought to the marriage, an inheritance you got from your parents or your investment in a small business.
As long as both people sign the prenuptial agreement, it is generally binding. But there are some things that could make it invalid. One of these is if your spouse was dishonest during the process.
Disclosing all assets
The problem is that dishonesty may be used to hide assets. A full disclosure of all assets that both people own is required for a prenup because these individuals are making financial decisions based on that knowledge and information. They can’t really understand and sign a contract without disclosure.
But your spouse may have been untruthful, leaving out assets that they own or lying about their financial status. You may have signed a prenuptial agreement that waives your claim to certain important assets that you didn’t even know existed at the time.
Another important component of a prenup is that both people have the time to read it and consider it carefully before signing. This is why last-minute prenups sometimes won’t stand.
But it’s a similar issue with a lack of disclosure. If both people do not have all the pertinent information, they cannot realistically make a decision about whether or not signing the prenup is a good idea. They can only be bound by that contract in the future if they understood what they were signing.
As you can see, prenups are a bit more complicated than many people assume. Be sure you know exactly what legal options you have.