Prenuptial agreements have long been thought to be unbreakable contracts between two people who are getting married. However, a recent case whereby a woman convinced a court that her prenup was void has begun to make people change their minds. Documents once drawn up as a guideline for divorce are now being challenged.
The popularity of prenuptial agreements around the nation and in Pennsylvania has been on the rise. These agreements aren’t just for the rich and famous anymore. Couples are using them not only in anticipation of a possible divorce, but also to set certain guidelines for their marriage.
However, couples need to be careful how they approach the agreement. Both parties need to be transparent when it comes to assets and expectations. Any possible fraud could invalidate the agreement. In addition, the timing of an agreement is also important. In the woman’s case, her husband approached her the night before their wedding to sign the agreement; she signed it contingent on his promise that he would destroy it once the couple had children.
When the couple got a divorce, the wife was able to prove that her real estate developer husband had fraudulently induced her to sign the agreement. Pennsylvania couple’s that want to avoid their agreement being voided in the event of a divorce may want to enlist professional assistance with the drafting and execution of the agreement. In order to make sure that it will hold up in court, not only does the agreement need to comply with state laws regarding its construction and execution, but it must also be done fairly and free of coercion and duress.
Source: New York Post, “Divorce attorneys are suddenly challenging prenups after LI court shocker,” Julia Marsh, May 14, 2013
