What if My Spouse Forced Me to Sign a Prenuptial Agreement?

A prenuptial agreement is like any other contract. It’s an agreement between you and your spouse. Because it is a contract, it must meet certain requirements, including the absence of pressure or duress when agreeing. If you’re forced to sign your prenup, this could seriously affect its validity in the future.

What Is a Prenuptial Agreement?

A prenuptial agreement, often referred to simply as a “prenup,” is an agreement between two soon-to-be spouses. Prenup agreements allow for transparency between the parties, clarifying what property and assets each person owns and the types of debts they owe.

Prenuptial agreements also spell out each spouse’s property rights during the marriage and give specific instructions should the parties ever get a divorce.

Contrary to popular belief, anyone can get a prenup, not just parties with extensive assets or businesses. While no one wants to think about divorce prior to marriage, prenups are particularly helpful in case the marriage comes to an end at some point.

Requirements for a Valid Prenup

Like other types of legal documents, prenuptial agreements must meet certain requirements to ensure their validity. In Michigan, for a prenup to be valid:

• It must be in writing
• The terms must be reasonable, equitable, and lawful
• It must contain full disclosure of finances, including income and assets
• Both parties must have the opportunity to review it with their attorneys
• It must be signed a reasonable amount of time before the wedding
• It should be signed by a notary in front of witnesses

Additionally, for a prenuptial agreement to be valid, both parties must enter into the agreement freely and voluntarily. There must not be any fraud, duress, or misrepresentation. This means when one party is forced to sign the agreement, it could create issues in the future.

How a Forced Signature Impacts the Validity of a Prenuptial Agreement

You should never feel forced to sign any type of contract, including prenuptial agreements. However, depending on the circumstances, your spouse may put you in a negative situation, making you feel like you have no choice but to sign.

Several factors can invalidate a contract, like a prenup, including duress. If you felt forced and pressured by your spouse at the time of your signing, a court could render your agreement invalid. When a prenup is invalid, it’s like the agreement never happened, and you must proceed without it.

Trying to prove duress can be challenging, as there is often little evidence. This is one of the reasons it’s critical to have an experienced lawyer on your side. Your attorney can help prove you weren’t in full agreement with the contract and felt forced to sign. Then, you can fight to get the prenup invalidated.

If your spouse forced you to sign your prenup, it may not be an issue at that moment. You may sign it and move on with your life. However, if you need to use your prenup in the future, like if you’re getting a divorce, it may later come out that you were under duress at the time of the signing.

Discuss Your Situation With a Knowledgeable Divorce Attorney

Feeling forced to sign a contract can be scary, especially if your spouse has threatened you. If this is your situation, do not hesitate to seek legal guidance from a qualified attorney.

The legal team at Gucciardo Family Law is ready to assist you. Contact our firm today, and let’s discuss how we can help.