A prenuptial contract is a binding agreement between the soon-to-marry-couple. This contract outlines how personal property will be separated from the marital property in the event of a divorce. Done right, a prenup agreement can avert property-related conflicts and ensure a seamless divorce. Done wrong, however, the entire document may be invalidated by the court.
If your prenuptial contract is not enforced when you divorce, you need to know why this is so. Here are three questions that can help you understand why your prenuptial agreement may be invalidated in Rhode Island.
Is it a product of fraud?
Fraud is one of the primary reasons why your prenuptial agreement will be invalidated. Here are three actions that may lead to a fraudulent prenup:
- Failure to disclose all the assets and debts at the time of creating the prenup
- Undervaluing some assets
- Forging the other party’s signature
Was it signed under duress?
A prenuptial agreement will be invalidated if it is established that either party was coerced into signing the document. Additionally, a prenup will be invalidated if one party did not have the mental capacity to comprehend what they were signing. For instance, a prenup agreement could be invalidated if it is established that one party signed it while intoxicated.
Does it contain unconscionable provisions?
A prenuptial agreement that is lopsided can be invalidated by the court. For instance, a prenup that grants one party 100 percent control of the marital assets in the event of a divorce would be considered unfair and, thus, unconscionable. Likewise, a prenup contract that contains absurd conditions or one that is likely to cause financial hardship to one party can be deemed unconscionable.
A prenuptial agreement can help a couple protect personal assets during the divorce. Find out how you can create a prenup contract that protects your rights and interests.