Common mistakes that could invalidate a prenuptial agreement

Common mistakes that could invalidate a prenuptial agreement

On Behalf of | Feb 23, 2024 | Prenuptial And Postnuptial Agreements |

Planning a wedding is an exciting process, but it is equally important to consider protecting your assets as well. While a prenuptial agreement can provide valuable protections, small mistakes can render it invalid.

There are some common pitfalls that you should try to avoid with your prenuptial agreement.

Failing to disclose assets

You must provide full financial disclosure to your future spouse, including debts, assets, income sources and anything else relevant to the prenup. Omitting or hiding anything substantial qualifies as fraud, giving grounds to invalidate the agreement later. Regularly update your disclosures if assets change during the engagement.

Not following proper steps

Hawaii law dictates several formalities for valid prenups. This includes having it signed and notarized well in advance of the wedding to allow plenty of time for review and consideration. Both parties must voluntarily agree to the document and any subsequent modifications. Skipping any of these technical steps can make your prenup unenforceable.

Making changes at the last minute

It is tempting to tweak your prenup at the last second as emotions run high before the wedding. However, significant changes made right before the ceremony, without proper review, may appear as coercion or lack of consent. Stick to the prenup as originally agreed upon to avoid this pitfall.

The courts can invalidate a prenuptial agreement with material flaws or inequitable terminology. Protect your assets and relationship with an agreement that will withstand legal scrutiny. With proper diligence upfront, your prenup can provide peace of mind rather than problems down the road.