Love is a beautiful thing. And when you finally meet that special someone and decide to get married, you hope to be together “’til death do you part.” Unfortunately, for some couples, this is never the case. In the event that things fail to work, and divorce becomes inevitable, one of the most contentious issues couples fight over is property division. And this explains why more and more couples are signing prenuptial agreements before tying the knot.
While a prenup, as it is commonly known, can help separate marital property from personal property, it is only as good as it is valid. If the court rules that your prenuptial agreement is invalid, its provisions will not be enforced, and this can be devastating news. But what provisions would make a seemingly valid prenup be tossed out by the court?
Here are two provisions that can invalidate your prenuptial agreement.
Provisions that encourage divorce
During the divorce proceeding, the court will scrutinize your prenuptial agreement in search of anything that tends to encourage divorce. These can include a financial reward for divorce or a provision on how property will be divided should the marriage end in a divorce. Any clause that encourages either party to initiate divorce can invalidate the entire prenuptial document.
Provisions on child custody and/or child support
It is not up to parents to decide on child custody and support matters during the divorce. Only the court has the last word on these issues. If a marriage ends in divorce, the court will assess the prevailing circumstances and rule on the child’s post-divorce living arrangements as well as child support based on the “best interests of the child” doctrine. For this reason, including such clauses in the prenup can lead to its invalidation.
A divorce is not something couples look forward to at the time of getting married. Unfortunately, a great number of marriages end in divorce. And a prenuptial agreement can help make certain things clear and protect your interests should your marriage end up in the divorce court.