Worried about your prenuptial agreement? Consider this

On Behalf of | Dec 18, 2020 | Family Law

A prenuptial agreement can be a great way to protect your financial interests before getting married. This agreement, which operates like a contract between you and your soon-to-be spouse, can dictate financial responsibilities and spell out how assets will be divided in the event of divorce. The thought is that a prenuptial agreement can get financial stressors out of the way to allow a couple to focus on their marriage.

But what happens if you get to the point where divorce is looming and your prenuptial agreement doesn’t look as favorable as it once did?

Consider whether your prenuptial agreement is valid

In order to be legally enforceable, prenuptial agreements have to meet certain requirements. If your agreement failed to meet those requirements or if certain conditions existed at the time that the agreement was signed, then you might be able to escape the grip of its terms. Consider each of the following:

  • Coercion: If you were pressured into signing a prenuptial agreement and can present evidence to show that, then you might be able to have the agreement deemed invalid.
  • Lack of consideration: These are major agreements that require careful thought before signing off. If you were rushed to sign your agreement without fully considering the magnitude of its terms, then you have an argument for unenforceability.
  • The agreement was verbal: Prenuptial agreements usually have to be reduced to writing, so a verbal agreement probably won’t hold up in court.
  • False information: Prenuptial agreements require transparency. If you only signed a prenuptial agreement because of certain information that turned out to be false or misleading, then you’ll want to make sure that you let a judge know.
  • Fundamental unfairness: If a court finds that your prenuptial agreement is so one-sided that it defies fairness, then it will probably find the agreement unenforceable.

Consider legal help when needed

These are just a few of the ways in which a prenuptial agreement can be deemed invalid. If you’re concerned about an impending divorce and how your prenuptial agreement might come into paly, then you might want to consider seeking out legal assistance.