How Valid is Your Prenuptial Agreement?

 Posted on April 14, 2014 in Prenuptial Agreements

It is rare that a prenuptial agreement is dismissed as invalid in divorce proceedings. But the recent case in New York where a the wife of a Long Island real estate mogul convinced the judge that the prenup she signed before their marriage was invalid is considered precedent setting in legal circles. Elizabeth Petrakis told the court that she was coerced to sign the agreement, only four days before the wedding, because her husband, Peter Petrakis, threatened to call off the wedding. Petrakis said she felt pressured because her father had already spent $40,000 in wedding costs.

In the agreement, Peter Petrakis would keep everything if they should divorce. Elizabeth Petrakis said her husband told her he would tear up the agreement as soon as they had a child. But two children later, he still did not tear it up. Elizabeth Petrakis has been arguing the validity of the agreement for seven years. Two prior Nassau County courts said that Peter Petrakis "fraudulently induced" Elizabeth to sign the agreement and those decisions were affirmed by a Brooklyn appellate court. So what are some of the grounds where a prenuptial agreement could be overturned?

1. Fraud is one reason why a judge could throw out an agreement. If one party fails to make full disclosure of all their assets, the court considers that fraud.
2. If someone can prove they signed an agreement while under duress or with coercion, the agreement may be thrown out. Each state does have different standards of what is considered duress or coercion.
3. If an agreement was signed when a person lacked mental capability, a judge may order it invalid. For example, if the person was under the influence of drugs when the agreement was signed, they may not have fully comprehended what they were signing.
4. Improper filing of paperwork or incorrectly drafted can also end up making a prenup invalid.
5. If you sign a prenup without having your own, impartial legal representation can invalidate an agreement.
6. What the court would consider asinine provisions – such as not having to pay child support in the event of a divorce – will more than likely have a judge stamp the prenup as invalid.

If you are planning a marriage and are discussing drawing up a prenuptial agreement with your future spouse, it's important to have your own independent council. Contact an Austin family law attorney to represent your best interests in this process.