You are getting a divorce and are thankful for having a premarital agreement in place. The mere existence of a premarital agreement, however, does not guarantee that the court would actually consider it to be enforceable. If your spouse challenges the validity of a premarital agreement, the court may rule that the agreement is invalid. Following are few of the main reasons premarital agreements fail:

• The parties fail to have the premarital agreement in writing. Oral premarital agreements are not enforceable in all 50 states.

• The parties fail to properly execute the premarital agreement. Most states require that the agreement be executed by both parties before the marriage and in front of a notary public.

• One of the parties was unrepresented or represented by the same attorney who was representing the other party. Most states require separate representation for both parties or a written waiver.

• The agreement is executed in a rush. Most states require the parties to afford each other ample opportunity to review and think over the terms of the agreement. Thus, for instance, a man cannot tell his fiancee the day of the wedding that she must sign the agreement or the marriage is out the window.

• One of the parties failed to comprehend the terms of the agreement. For instance, if your finacee speaks very little English and Spanish is her first language, then it would be prudent to present her with a Spanish version of the agreement.

• Failure to make full disclosure. Each party must disclose all his/her assets and income to the other party. Otherwise, the agreement would very likely be considered void.

• Agreement cannot be unconscionable. In rare instances, the court may consider the terms of a prenuptial agreement to be so patently unfair that it may declare said agreement to be invalid. Just use your common sense when drafting the agreement and ask yourself one simple question: would the terms of my premarital agreement shock the conscience of a reasonable person? If yes, then perhaps you should amend the terms of the agreement.