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Can a prenuptial agreement be made void?

An increasing number of Colorado family law experts and committed couples alike agree that establishing a prenuptial agreement prior to getting married is the right thing to do. Not only can creating a prenup give you the opportunity to talk to your soon-to-be husband and wife about important financial and lifestyle decisions, but it can also go a long way to safeguard your rights and finances in the event of divorce. Prenup agreements are just like any other legal contract, however, and can be rendered invalidated under certain circumstances.

Forbes discusses the creation and enforcement of prenuptial agreements, and explains that several factors can play a role in determining whether or not an agreement is legally binding. For instance, the validity of any prenup agreement can depend upon the quality of its construction. A judge may be more than reluctant to enforce the terms of a marital contract that is poorly drafted or riddled with legal errors. Similarly, an enforceable agreement should be balanced and reasonable in its stipulations. An effective prenup identifies marital and nonmarital property as evenly as possible and does not include any particularly strange provisions, such as weight requirements and/or limitations on family visits.

The validity of your prenuptial agreement can also depend upon the conditions under which you and/or your spouse signed the contract. For example, a judge may refuse to enforce your prenup if either of you signed it without proper legal representation or counsel. In other less common scenarios, your marital contract may be ruled to be invalid if you or your spouse were coerced into signing the document, or were otherwise under duress or mentally incapacitated at the time. You or your spouse’s failure to disclose all assets at the time of creating your prenuptial agreement could also render it void in some cases.

The enforceability of a prenuptial agreement can depend upon other factors as well, and is typically considered on a case-by-case basis. Therefore, the information provided above cannot serve as legal counsel.

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