Clement Law Center your family law attorney
Free Initial Consultation
Our office is open. At Clement Law Center, the safety and wellbeing of our clients and employees come first. In response to COVID-19, court hearings and all conferences with client and prospective clients will be by phone. We are not conducting in-person court hearings or meetings. Our staff will often be working remotely during this time. Our office will be checking voicemail and will return client calls as soon as possible. We continue to offer free phone consultations.
We offer a 25% discount to First Responders and Health Care Workers
Attorney Bruce Clement headshot
Quality Representation & Individualized Advocacy You Can Depend On

What could invalidate your prenuptial agreement?

On Behalf of | Apr 13, 2020 | Divorce

Your dream of “happily ever after” died almost as soon as you said, “I do,” to your spouse. You hung on for a while, hoping it would get better.

It didn’t. Now, you’re just glad that you had the foresight to put a prenuptial agreement in place to protect your assets and your future after a divorce.

But, is that prenup valid? Prenuptial agreements have surged in popularity over the last few years, but that doesn’t mean that people always get them right. A prenup that wasn’t properly drafted can be invalidated in whole or in part.

Prenups can be invalid whenever:

  • Fraud was involved: Would-be spouses are expected to play fair and honestly disclose their resources when negotiating a prenup. Hiding assets is considered fraud.
  • The terms are illegal (or simply outrageous): A prenup that is grossly unfair or contains illegal or extreme provisions is likely to be challenged and defeated. For example, a prenup that punished your spouse for gaining weight might be considered unconscionable. One that says you don’t have to pay child support would be illegal.
  • One party was coerced into signing or signed under duress: There have been situations where brides have had a prenup handed to them and told to sign right before they walk down the aisle or grooms were coerced into signing while they’re drunk at a bachelor party. Prenups should always be handled in a deliberate, thoughtful manner.
  • One party lacked representation: Each spouse should have their legal representative review any potential prenup before it is signed. Without that, they simply may not understand what they’re signing.

If you have a prenup and you’re contemplating divorce, it may be wise to discuss the situation with an experienced attorney before you announce your plans.


Start Your Free Consultation

Our Office Locations

Federal Way Office
31919 1st Avenue South, Suite 103
Federal Way, WA 98003

Toll Free:888-351-6779
Phone: 253-954-3351
Fax: 253-815-8458
Federal Way Office Location

Seattle Office
3418 NE 65th St., Suite A
Seattle, WA 98115

Toll Free: 888-351-6779
Phone: 253-954-3351
Fax: 253-815-8458
Seattle Office Location

Bellevue Office
14777 NE 40th Street, Suite 206
Bellevue, WA 98007

Toll Free: 888-351-6779
Phone: 253-954-3351
Fax: 253-815-8458
Bellevue Office Location