If you are getting a divorce in New York and you have a prenuptial agreement, you may think you do not have to make any decisions because of the document. However, there are a number of factors that may cause the judge to throw out the prenup, which means you have to renegotiate finances and how to divide assets and debts. If you came into the relationship with the majority of assets, this could be detrimental to your case.
FindLaw discusses obvious reasons, such as it is not written down or one or both parties did not sign it, for invalidity, as well as some other factors to consider. Some of these include:
- No time to read or consider - if one party does not read the agreement or does not have time to look it over with an attorney, it may be invalid
- Pressure from other party - if the spouse, a family member or lawyer forces the other party to sign it, the judge may not consider the prenup
- Incomplete or false information - both parties must present all facts regarding debts and assets, and factually, or the agreement is invalid
- Unfair clauses - even if both sides agree and sign it, the judge may say the prenup is invalid if it is exceptionally unfair to one party
Money.com also discusses that a prenup may be invalid if it contains too many silly lifestyle clauses. While the couple can decide on certain lifestyle clauses, the judge may invalidate the agreement if they conflict with state laws or due to unenforceability.