What Makes a Prenuptial Agreement Unenforceable?

You may have signed a prenuptial agreement before entering your marriage to protect your financial interests in the off-chance you get a divorce down the line. However, if this hypothetical divorce becomes a reality, you may look back on this legal contract and no longer believe it will help you in the aftermath. Well, for this, please continue reading to learn what makes a prenuptial agreement unenforceable and how one of the experienced Clarksville divorce lawyers at Fendley and Birch can help you invalidate yours if necessary.

What makes a prenuptial agreement unenforceable in the Tennessee courts?

Primarily, you and your soon-to-be spouse must have your prenuptial agreement down in writing. Once you do so, you must both voluntarily provide your signatures on the document. While the state of Tennessee does not make notarization mandatory, you may be better off if you take this extra precaution. This is because, should this marriage lead to a divorce, the notary may step forward and claim that you and your spouse entered this agreement willingly, thereby strengthening its enforceability in court.

In addition, it may also help if you and your soon-to-be spouse retain separate legal representation before putting pen to paper. This is to confirm that you are fully aware of the terms and conditions you are agreeing to, before it is too late. Plus, to give you advice on how to possibly tweak some of these clauses to make them fairer for both parties involved.

What are other ways I can fight to invalidate a prenuptial agreement?

You may admit that you voluntarily signed off on your prenuptial agreement. But in retrospect, you may realize that you agreed to it under false pretenses or without sufficient knowledge. With that being said, in the event of your divorce, you may step in front of the Tennessee family court and fight for them to invalidate this legal contract for any of the following reasons:

• Your spouse did not give a full financial disclosure:
  • They underreported their income and financial resources.
  • They failed to report certain assets and anticipated inheritances.
• Your agreement may be found unconscionable:
  • Your spouse would walk away with significantly better divorce-related terms.
  • The court, in good conscience, cannot leave you at such a financial disadvantage.
• Your life circumstances have significantly altered since signing this agreement:
  • You were diagnosed with a serious illness that hinders your ability to work and earn a living.
  • You now have a child with special educational or healthcare needs that require great financial aid.
• You signed the agreement with insufficient time to consider its terms and conditions:
  • Your wedding ceremony was scheduled a few short days or hours later.
  • You thought your spouse would call off the wedding if you delayed signing to ask follow-up questions.

If you still have lingering questions at this point in time, please do not hesitate to reach out to one of the skilled Clarksville family lawyers. The team at Fendley and Birch is certain to be the perfect fit for you.