Prenups can be thrown out in court, but if they are thrown out it usually for good reason. Here are 5 reason a prenup can be thrown out: 1. This actually goes back to PreNup Myth #2, because they are often unfair. No lopsided prenups, one person can’t end up with everything while the other is left to beg on the street. 2. A party fails to disclose all their assets. So if you are thinking of keeping that million dollars you have in a Cayman Island bank account secret, think again. 3. Coercion or duress. Now I’m saying that someone held a gun to your head and told you to sign but if you were under the influence of anything, lacked the mental capacity to understand, or you were given the agreement too close to the wedding and told to sign. These are few reasons a prenup can be invalid due to coercion or duress. 4. One party did not have their own attorney review the document. I often hear people say “I want a prenup, my fiancé is in total agreement and doesn’t even want their own lawyer.” That may be so but they still need to have their own representation. Tell them to get an attorney. 5. Too many crazy clauses, check out my previous post on Lifestyle Clauses. If you want to tell your future spouse that they can’t gain weight and that you expect home cooked meals everyday, a prenup might not be for you. So a prenuptial agreement doesn’t just get thrown out for the sake of throwing it out. Courts want to make sure the prenup was fair and both parties knew exactly what they were getting into. Don’t believe the myth.
PreNup Myth #4: Prenups Are Not Held Up In Court
Prenuptial agreements, if drawn up and executed correctly, are legally binding and are usually upheld in court. One recent, high-profile case, however, has shown that prenups are not always ironclad.