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What makes a premarital agreement invalid?

Prenuptial agreements can be great tools to advise marriage decisions as well as to establish the rights of two parties of a Louisiana divorce. A valid prenup can help you or your spouse secure personal assets, protect a family business and even establish parental rights, amongst many other benefits. However, for a prenup to be valid, the interested parties must go about its creation in the right way. If they do not, the state of Louisiana may deem it invalid.

While every prenuptial agreement is unique, there are certain elements that may make yours invalid. Additionally, the circumstances leading up to the creation of your prenuptial agreement may also render your particular contract unsound.

According to FindLaw, there are nine factors that may affect the validity of a premarital contract. A contract that is verbal and not in writing is not enforceable under Louisiana law. A contract that was not signed prior to the union, that was handed to one party moments before saying "I do" or that required one party to be pressured to sign is also considered unenforceable. Furthermore, for a premarital contract to be valid, both parties must read it before signing it. 

The courts will consider any premarital contract that contains any invalid provisions, such as one that waives one party's right to child support, or one that violates the law, to be unenforceable. A contract that contains incomplete or false information is also considered invalid. Courts are also unlike to support an agreement that contains an unconscionable term, such as any that would create severe financial hardship for one spouse while the other prospered.

The information in this article is for purely educational purposes. It is not intended to serve as legal purposes.



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