A premarital agreement, also called antenuptial agreement, is a written contract entered into in contemplation of marriage. A prenup can protect your separate property and address the division of assets in the event of divorce or death of a spouse. Findlaw has a short article listing the top 10 reasons a premarital agreement may be found invalid. The original article has more details on each point that is worth reading through, but here are the reasons in short that a prenup may be invalidated:
- NO WRITTEN AGREEMENT
- NOT PROPERLY EXECUTED.
- YOU WERE PRESSURED.
- YOU DIDN’T READ IT.
- NO TIME FOR CONSIDERATION.
- INVALID PROVISIONS.
- FALSE INFORMATION.
- INCOMPLETE INFORMATION.
- NO INDEPENDENT COUNSEL.
- UNCONSCIONABILITY.
Each state has very specific laws about prenuptial agreements. In New Hampshire, a prenup is generally presumed to be valid unless a party proves circumstances such as 1) fraud, undue influence, duress; 2) failure to disclose a material fact; 3) that the agreement is unconscionable; 4) or circumstances have rendered it unfair. In order to protect the validity of any prenup, parties desiring a prenuptial agreement should contact a seasoned New Hampshire attorney.
Source: Attorney Stephen Worrall’s Georgia Family Law Blog post "Top Ten Reasons a Premarital Agreement May be Invalid"