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The most common grounds to dissolve a prenuptial agreement include coercion or duress, unconscionability, and failure to disclose. The courts will generally enforce prenuptial agreements; however, when one or more of these grounds exist, the court may see fit to void all or parts of a prenup.

Duress or Manipulation All contracts must be signed willingly and consciously by both parties for them to be valid. Signing a prenuptial agreement while being intoxicated, under fear of harm, or under false pretenses can make the agreement invalid in a California court.

In general, federal and state law restricts prenups to financial issues and marital responsibilities. More personal, routine matters, such as household chores or beliefs about how to raise children, have no place in a prenup and may make it unenforceable.

Your prenup can specify if you have a family heirloom, family business, future inheritance, or another piece of property that you want to keep in your birth family.

If even one legitimate asset were omitted from the discovery process when drafting the prenup, even if it was left out accidentally, this loophole could void the prenup, meaning it would be difficult or impossible to enforce. Failure to follow premarital agreement procedures could also be considered a loophole.

A prenup becomes invalid if it does not follow the requirements of the UPAA. For instance, if one spouse signed the prenup under duress without having full knowledge of the assets and debts of their partner, or being forced to sign an agreement without an attorney, the prenup can be deemed invalid.

Premarital Agreements in Virginia. The Virginia Premarital Agreement Act, first adopted in 1985, allows parties to enter into premarital agreements (commonly referred to as “prenuptial agreements” or “prenups”).

Virginia is an equitable distribution state when it comes to determination of marital assets. Although the title to the house is not in your name, it is considered "marital homestead" and a spouse CANNOT sell the marital homestead without the signature of the other spouse.

When separate property is retitled in the joint names of the parties, the retitled property shall be deemed transmuted to marital property. However, to the extent the property is retraceable by a preponderance of the evidence and was not a gift, the retitled property shall retain its original classification.