You are going through a high-asset divorce, and you own far more assets than your spouse. Maybe you brought many of those assets with you to the marriage, such as savings, investments or business ownership. Maybe you received a substantial inheritance from your parents during the marriage, or your business went up significantly in value.
Regardless of how you got your wealth, you believe that you are protected because you and your spouse signed a prenuptial agreement. But will that be enough? There can be some concerns if the court determines that your prenup is actually invalid.
5 potential reasons
A prenup can be invalid for many reasons, including simply not drafting or filing it correctly. But below are five of the main issues that you should watch out for. The prenup may be invalid if:
- It was signed under duress, coercion or manipulation.
- The prenup contains inaccurate or incomplete information about finances and assets.
- Your spouse was not given time to properly read and consider the prenup before signing it.
- The prenup was signed while your spouse lacked the mental capacity to make that decision, such as if they were dealing with a short-term mental disability or were under the influence of drugs or alcohol.
- The prenup is too heavily weighted in your favor, such as if it says that you will retain all assets that both you and your spouse own, and that they will receive nothing at all.
These are just a few examples to help you see why a prenup could be invalid and how it may not offer the protections that you are counting on. As you navigate a high-asset divorce, with so much money on the line, it is crucial for you to know exactly what legal options you have and what steps to take.