There are multiple factors that can lead to the invalidating a prenuptial agreement: is one of the party’s pregnant and feeling under duress to sign and move forward with the wedding before the birth, how close is the wedding, have the invitations been sent out? If there are negotiations for a prenup, there should be plenty of time between that and when the wedding is actually taking place in order to remove the possibility of a duress claim or signing under pressure.
The failure to fully disclose all assets and liabilities may also be grounds for invalidating a prenup, if one withheld either assets or debts or both during the negotiation process. If the agreement is vague on its face, that may also be grounds to invalidate it.
Q: Do both parties need a lawyer for a prenuptial agreement?
In Ohio, one of the factors for determining the validity of a prenuptial agreement is whether both parties had an opportunity to seek legal advice. If one of the parties did not have lawyer at time of negotiating and signing of the agreement, then that person may later seek to invalidate the prenup for lack of legal advice.
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