Can I Prove That My Texas Prenup Is Invalid?

 Posted on September 20,2024 in Property Division

A prenuptial agreement is a legally binding document people can sign before their wedding. Its purpose is to outline what property and assets would be considered part of the marital estate and subject to an equitable division during divorce and which would be considered each spouse’s individual property. There are many advantages to having a prenuptial agreement. However, there is a major disadvantage when someone has been manipulated into signing one that does not equally protect their rights and interests. Fortunately, there are several standards a prenup must meet to be considered a valid legal document. If you were forced into signing a prenup that unfairly protects your spouse’s interests over yours, speak with a skilled Frisco, TX family law attorney to see whether it is invalid.

What Makes a Prenup Invalid in Texas?

A prenup is supposed to help eliminate a lot of the confusion about what legally belongs to who so that in a future hypothetical divorce, the process of dividing the marital estate can be smoother. Unfortunately, some families, particularly those with means, are worried about someone marrying into their family to get their money. If they have a family lawyer, they can draw up a prenup that disproportionately protects their family’s interests at the future spouse’s expense.

There are four main reasons why a prenup would be considered invalid:

• Not documented in writing: Any prenup needs to be put down in writing to be legal and enforceable. 
• Not properly signed: If either spouse’s signature is missing from the document, or it was not signed before the marriage was made legal, the document is not enforceable. 
• Signed under questionable circumstances: All prenups must be willingly signed by both spouses. Threats of any sort to force someone to sign a prenup - for example, telling a fiance that if they will not sign it, the marriage is off - can render the prenup nullified. If either spouse signed it against their will, under duress, or through coercion, the document is not considered legal or valid.
• Lacked full disclosure: If, after the prenup is signed, one spouse discovers that the other concealed property or assets or that the prenup was unreasonable, it could be considered legally invalid. 

Schedule a Free Consultation with a Collin County, TX Prenuptial Agreement Lawyer

It can be extremely distressing to begin divorce proceedings only to discover that the prenup you depended on to ensure a fair and smooth settlement was instead a way to take advantage of you. If you were pressured or manipulated into signing it or it was not properly documented or signed, speak with an experienced Frisco, TX family law attorney about invalidating it. At The Law Office of Linda Risinger, we are passionate about defending our clients’ rights and helping them overcome exploitation and manipulation. Call us at 972-294-6533 to schedule a free consultation.