As you may know, postnuptial agreements work much like prenuptial agreements. The main difference between the two documents is that you enter into a postnuptial agreement during your marriage while a prenup begins before you get married.
Many Knoxville couples use postnuptial agreements to improve their relationships during conflict (such as over financial issues). Signing a postnup can also set the stage for a smoother and faster divorce in many situations.
What can invalidate a postnuptial agreement?
You can include many valid provisions in your postnuptial agreement addressing property and assets. For example, you can include details about the division of property and debts should you and your spouse ever divorce. However, some provisions can invalidate a postnup. Examples include:
- The postnuptial agreement is not in writing (it must be)
- A party signed the agreement under coercion or duress
- A spouse did not read the agreement
- A party did not have time to consider it before signing
- The document contains invalid provisions (such as child support instructions)
- Information within the document is false or incomplete
- The postnup is grossly unfair to one party
If you are trying to invalidate a postnuptial agreement, you should know that some of the provisions above may be hard to prove. One situation may be if you need to prove that one of you never read the agreement. How would you go about doing that?
If you want to create a postnuptial agreement, consider having a professional review the document to ensure its validity. That way, if you ever get a divorce and need to enforce the postnup, you know it can stand up to close courtroom scrutiny. Learning more about state laws governing the creation and enforcement of postnuptial agreements can also ensure your success.