How can I escape the terms of my prenuptial agreement?

How can I escape the terms of my prenuptial agreement?

On Behalf of | Feb 17, 2021 | Family Law |

A prenuptial agreement is a great way to spell out financial responsibilities during the course of marriage and settle and asset distribution and alimony concerns that could arise in the event of divorce. But having a long-term perspective right before getting married can be challenging, though not impossible. That’s why some people who are staring down divorce find themselves suddenly questioning whether their prenuptial agreement is really best for them. In these circumstances, these individuals might start thinking about whether there’s a way to escape the terms of their agreement.

Ways to invalidate a prenuptial agreement

Not all prenuptial agreements are legally enforceable. That’s despite the fact that the parties might have intended them to be enforceable at the time they were created. Here are some ways that a prenuptial agreement can be deemed legally invalid:

  • Not written down: These agreements really have to be memorialized in writing. A verbal promise likely won’t do for legal enforcement.
  • No time to consider: A prenuptial agreement is like any other contract in that the parties need adequate time to consider the terms before signing off. If you were given the agreement right before your wedding and signed off without reading or fully considering the terms, then you might have an argument for invalidity.
  • Coercion: In order to be enforceable, these agreements have to be entered into voluntarily. If you were pressured to sign off in any way, then you might be able to argue coercion and invalidity.
  • False or missing information: Prenuptial agreements should be based on honesty and transparency. If your spouse lied or misled you about income, assets, or debt, and you relied on that misinformation when deciding to sign the agreement, then there’s a good chance that you can render your agreement unenforceable.
  • Unfairness: If your prenuptial agreement is so one-sided and unfair that it shocks the conscience, then a court is more likely to find it enforceable.

Know how to approach your divorce legal issues

On its face, divorce might seem really straightforward and pretty simple. But in reality these matters can be enormously complex, and you can be put at a big financial disadvantage if you don’t use the law to your advantage. So, if you think that you could benefit from the assistance of a legal professional in addressing your divorce issues, then it might be best to reach out to an experienced attorney of your choosing to discuss those matters in-depth.