How do you invalidate a prenuptial agreement?
A prenup cannot be unconscionable. In other words, the prenup could be invalidated if the agreement is too lopsided, with one party awarded almost everything and the other receiving only a pittance. Executed by both parties, preferably in front of witnesses (or a notary).
Does a prenuptial agreement survive death?
Prenuptial agreements may override a will if it contains certain clauses. If the prenuptial agreement contains an expiration date, or a sunset clause, and the date has passed prior to the spouse's death, the agreement will no longer be valid.
Why you should never sign a prenup?
While prenups have their benefits and are worth considering, they're not for everyone. You shouldn't get a prenup if you can't afford it, want state laws to dictate what happens, don't plan to acquire more assets, or truly believe you won't get divorced.
Are there loopholes in prenups?
Assets. Prenups are typically dependent on the complete disclosure of assets. The prenup loophole is that, should the agreement come into a court setting, the only thing one side has to do is find a legitimate asset that was excluded when the agreement was executed. As the law goes, ignorance is no excuse.