The intent of a prenuptial agreement is usually to aid in the divorce process, and to make sure that both parties are in agreement with the split of certain assets. However, some parts of the prenup do not always stand up in court.
In fact, there are times when the court may find the prenup to be void. To avoid such instances and to create a solid prenuptial agreement, it may be beneficial to know about these stipulations.
Lack of representation
Some states that require that both parties have separate legal representation. This one goes along the lines with more common reasons for a prenup to be invalid, in aligning with the requirements of a prenup to be in writing, with both parties agreeing and understanding the terms. The state of Massachusetts does not require that both parties have representation; however, if a judge finds the prenup to be one-sided, or seemingly confusing to one party, the judge may not uphold certain stipulations within the document.
Though it is legal to include lifestyle clauses in a prenuptial agreement, many courts tend not to enforce them. Lifestyle clauses such as excessive weight gain, certain lifestyle arrangements and infidelity may not be easy to prove, or the court may find it to be unfair. In such instances, the judge may not find the entire document to be invalid, but may not uphold the stipulations tied to the clause.
Fails the “second look”
In the state of Massachusetts, for a prenuptial agreement to be valid, it must be reasonable and fair upon creation and during the divorce process. If at “second look,” or during the divorce process, the court finds the terms of the prenup to be unconscionable, the prenup becomes invalid.
These little-known reasons for a prenup not to hold up in court do not represent the whole. To avoid creating an invalid document, it may be beneficial to review Massachusetts marital laws and to speak with a professional.