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Worried about your prenuptial agreement? It might not be valid

On Behalf of | Nov 16, 2020 | property division |

A prenuptial agreement can be enormously beneficial for your financial wellbeing as you embark on your marriage. But things change, and so do people. This means that there are some instances when hindsight is 20/20 when it comes to a prenuptial agreement. Even if your concerned about how your prenuptial agreement might come back to bite you now that divorce is on the horizon, you might want to take a closer look at your agreement to better determine if it is even legally enforceable.

Ways that prenuptial agreements are invalidated

If you’re looking to attack your prenuptial agreement because it’s no longer in your best interests, then you might want to consider the various ways that it might deemed invalid. Here are just a few ways that you can do that:

  • Show that it wasn’t commemorated in writing: Prenuptial agreements have to be reduced to writing. Verbal promises aren’t going to hold much water in court.
  • Prove that you signed off on the prenuptial agreement based on wrong or misleading information: Prenuptial agreements are supposed to be a contractual relationship entered into based on honesty and a full understanding of what’s at stake. If your spouse misled or lied to you about their debt, the extent of their assets, or their income, then you might be able to invalidate the whole agreement.
  • Demonstrate pressure: In order to be valid, a prenuptial agreement must be entered into of your own volition. If you were threatened or coerced by your spouse in some way to enter the agreement, then it’s likely invalid.
  • Show time constraints: If you signed your prenuptial agreement without adequate time to fully consider its terms, then you might be able to argue that your signature was unfairly obtained.
  • Illustrate fundamental unfairness: Prenuptial agreements need to be fair to a certain extent. If your agreement was properly executed but is so one-sided as to be fundamentally unfair, then a court might show mercy and find that you’re not subject to such an unconscionable agreement.

Know how to fight what is right for you

Fighting for what you need and deserve in a divorce isn’t easy. You have to know how to position yourself for what you want, which means understanding the law and how to aggressively argue the facts so that they comply with your interpretation of the law. If you want help with this fight, then you might want to turn to an experienced attorney.