What are the reasons why a prenuptial agreement may be declared invalid?
Unconscionability. A premarital agreement must be fair and reasonable. A premarital agreement can’t cause financial hardship to the other party. Unconscionable contracts are often found to be invalid in the courts. The concept of unconscionability is often used the family court arena as well. Both Parties Don’t Have Independent Counsel. Each party must have their own lawyer. Many people mistakenly believe that they can have one lawyer represent both of them. Lawyers are expensive, and no one can blame the public for wanting to save on legal costs. However, each party must have their own legal counsel. A lawyer must make it clear to the unrepresented party that he or she does not represent him/her, and further advise them to obtain their own lawyer. All steps should be taken to insure that any premarital agreement is “air tight” and can’t be challenged one day if the marriage turns out to be a disaster. The Premarital Has Incomplete Information. There must be full disclosure when negoti
a. Unconscionability. A premarital agreement must be fair and reasonable. A premarital agreement can’t cause financial hardship to the other party. Unconscionable contracts are often found to be invalid in the courts. The concept of unconscionability is often used the family court arena as well. b. Both Parties Don’t Have Independent Counsel. Each party must have their own lawyer. Many people mistakenly believe that they can have one lawyer represent both of them. Lawyers are expensive, and no one can blame the public for wanting to save on legal costs. However, each party must have their own legal counsel. A lawyer must make it clear to the unrepresented party that he or she does not represent him/her, and further advise them to obtain their own lawyer. All steps should be taken to insure that any premarital agreement is “air tight” and can’t be challenged one day if the marriage turns out to be a disaster. c. The Premarital Agreement Has Incomplete Information. There must be full dis
a. Unconscionability. A premarital agreement must be fair and reasonable. A premarital agreement can’t cause financial hardship to the other party. Unconscionable contracts are often found to be invalid in the courts. The concept of unconscionability is often used the family court arena as well. b. Both Parties Don’t Have Independent Counsel. Each party must have their own lawyer. Many people mistakenly believe that they can have one lawyer represent both of them. Lawyers are expensive, and no one can blame the public for wanting to save on legal costs. However, each party must have their own legal counsel. A lawyer must make it clear to the unrepresented party that he or she does not represent him/her, and further advise them to obtain their own lawyer. All steps should be taken to insure that any premarital agreement is “air tight” and can’t be challenged one day if the marriage turns out to be a disaster. c. The Premarital Has Incomplete Information. There must be full disclosure wh
