Everyone has an uneasy feeling in the pit of their stomach when they sign an important contract. The details, the fine print, the intentions of the other person or party in the contract — all of these things can instill fear in our hearts. We bring this up in the context of prenuptial agreements because there is so much at stake with a prenuptial agreement that it is easy to feel like you may be taken advantage of.
“Unconscionability” is just one of a handful of reasons that a prenuptial agreement can be considered illegal or illegitimate, and it covers the idea of an unfair contract. The spouses that enter into a prenuptial agreement need to be treated fairly as per the provisions in the prenup. If the contract is extremely unfair to one of the spouses, a judge is unlikely to deem the contract (the whole contract, or just parts of the contract) valid.
There are other factors that could lead to a prenup being deemed invalid:
- Time. Time is a huge factor, in the sense that you need to be given an appropriate amount of time to fully consider the prenuptial agreement. If you are pressured into signing, then the contract could be invalid.
- Information. The information contained within the prenup has to be legal, truthful and compliant with the law. Otherwise, a judge may throw out part of, or all of, the prenup.
- Independent counsel. Both spouses need their own lawyers, otherwise there could be a conflict of interest and the prenup could be tossed as a result.
Source: FindLaw, “Top 10 Reasons a Premarital Agreement May be Invalid,” Accessed Oct. 5, 2016