What Kills a Prenup?

A prenuptial agreement or "prenup" is a contract between engaged persons executed in anticipation of marriage. Although parties intend them to deal with various financial responsibilities and obligations that come along with marriage, prenups are not always valid.

Fraud and Coercion

• As any contract, a prenup will fail if the challenging party can prove fraud or coercion on the part of the other party. Hiding assets or lying may prove fatal to the enforcement of the agreement. The prenup also can fail if the challenging party can prove she was coerced into signing it.

Conflict of Interest

• Attorneys can represent only one party to a prenup, as there exists a conflict of interest between the prospective husband and wife. If the challenging party can show the drafting attorney engaged in a prohibited conflict of interest, the agreement may fail.

Formalities

• Failure to comply with the formalities of contract execution, such as a signing by both parties in the presence of a certifying official, can result in failure of the agreement. Many states have enacted the Uniform Premarital Agreement Act, which specifies the formal requirements of a valid prenup.