Is your nuptial agreement invalid? The vitiating factors which undermine a contract =================================================================================== Reasons why your prenup might be invalid ---------------------------------------- **Prenuptial and postnuptial agreements are not automatically binding** in England and Wales. The family court will only give effect to a nuptial agreement if it [meets certain legal criteria](https://vardags.com/law-guide/nuptial-agreements/criteria-for-a-valid-nuptial-agreement) and is fair in the circumstances. One of the key reasons a court may **refuse to uphold a nuptial agreement** is the presence of a **vitiating factor -** a legal flaw that undermines the enforceability of a contract. What is a 'vitiating factor'? ----------------------------- A vitiating factor is something which affects the enforceability of a contract, meaning that it may be made void. In essence, if a party can successfully prove that a vitiating factor is present, it is likely that the nuptial agreement will not be enforced by the family court. As per [*Radmacher*](https://vardags.com/law-guide/important-divorce-cases/radmacher-v-granatino), the first question the court will consider when dealing with a contested nuptial agreement, will be whether any of the 'standard' vitiating factors are present, namely: > 1. [Duress ](https://vardags.com/law-guide/nuptial-agreements/duress-and-undue-pressure) > > 2. [Fraud ](https://vardags.com/law-guide/nuptial-agreements/fraud) > > 3. [Misrepresentation ](https://vardags.com/law-guide/nuptial-agreements/misrepresentation) In addition, the court held that "unconscionable conduct such as [undue pressure](https://vardags.com/law-guide/nuptial-agreements/duress-and-undue-pressure) (falling short of duress) will also be likely to eliminate the weight to be attached to the agreement, and other unworthy conduct, such as exploitation of a dominant position to secure an unfair advantage, would reduce or eliminate it." **If you have entered into a nuptial agreement which either you or your spouse believe to be invalid, contact Vardags today for a free initial consultation with one of our expert divorce solicitors.** [BOOK FREE CONSULTATION](https://vardags.com/contact "BOOK FREE CONSULTATION") About Us -------- Ayesha VardagFounder & President "A DIVORCE LAWYER WIDELY REGARDED AS ONE OF THE WORLD'S BEST" The Metro Vardags offer a unique approach to the law, specially tailored to the needs of HNW individuals. We offer City-quality representation for your divorce and family law needs. Our lawyers come from the very best universities and receive the very best training - they are determined, diligent, and dedicated to getting the best outcome... [read more](https://vardags.com/about-us) [BOOK FREE CONSULTATION](https://vardags.com/contact) Related Guides -------------- [Drafting a nuptial agreement in the UK](https://vardags.com/law-guide/nuptial-agreements/drafting-a-nuptial-agreement "Drafting a nuptial agreement in the UK") [Enforcing a nuptial agreement](https://vardags.com/law-guide/nuptial-agreements/enforcing-a-nuptial-agreement "Enforcing a nuptial agreement") [Reviewing or changing a nuptial agreement](https://vardags.com/law-guide/nuptial-agreements/reviewing-or-changing-a-nuptial-agreement "Reviewing or changing a nuptial agreement") [The criteria for a valid nuptial agreement](https://vardags.com/law-guide/nuptial-agreements/criteria-for-a-valid-nuptial-agreement "The criteria for a valid nuptial agreement") [Vitiating factors: duress and undue pressure in nuptial agreements](https://vardags.com/law-guide/nuptial-agreements/duress-and-undue-pressure "Vitiating factors: duress and undue pressure in nuptial agreements") [Vitiating factors: fraud](https://vardags.com/law-guide/nuptial-agreements/fraud "Vitiating factors: fraud") [Vitiating factors: misrepresentation in nuptial agreements](https://vardags.com/law-guide/nuptial-agreements/misrepresentation "Vitiating factors: misrepresentation in nuptial agreements") [Vitiating factors: non-disclosure in nuptial agreements](https://vardags.com/law-guide/nuptial-agreements/non-disclosure "Vitiating factors: non-disclosure in nuptial agreements") The information on this website is intended as a guide and does not constitute legal advice. Vardags do not accept liability for any errors in the information on this website, nor any losses stemming from reliance upon the statements made herein. All articles and pages aim to reflect the legal position at time they were published, and may have been rendered obsolete by subsequent developments in the law. Should you require specialist advice, tailored to your situation, please see how Vardags can help you.