While a Prenuptial Agreement isn’t legally binding, the courts are likely to give it considerable weight when it’s drafted fairly and without fraud or duress.
However, a court may rule that the contract (or a part of it) is void if one party can prove that the agreement is unfair or illegal.
For instance, a Prenuptial Agreement may be void or voidable if:
There was a failure to disclose all assets
There is evidence of fraud
There is evidence of duress (i.e., an action that forces another person to comply with the agreement) or unfairness
It was signed involuntarily
It includes content that is illegal or against public policy
It includes content that is perceived to promote divorce or separation
To avoid arguments over unfairness, duress, or fraud, each party in the Prenuptial Agreement must seek independent legal advice. Getting your contract reviewed by a lawyer helps ensure its enforceability in the future.