There are times when a prenuptial agreement cannot be enforced because it violates state laws or public policy, or its terms are in violation of someone's legal rights. Some scenarios in which a prenup may be deemed invalid include:
No written agreement can be found. Verbal prenuptial agreements are not legally binding.
Lack of disclosure. If one spouse failed to provide full disclosure of their assets and liabilities before the prenup was signed, the agreement may be invalid in a divorce.
Coercion. If one spouse was coerced into signing the prenup against their will, or inadequate time was given to properly analyze the contract and obtain legal advice, the contract will likely be deemed invalid and unenforceable.