Call Now To Talk To A Lawyer

Intérprete De Español Disponible Por Cita

In view of the COVID-19 pandemic, we are offering virtual and phone consultations for all our existing and new clients. Call or Email us to schedule an appointment. Keep in mind that if you would like to have a virtual meeting you will need a computer set up with a camera and microphone or you can use a smart phone.

Is your prenuptial agreement legally invalid?

| May 11, 2020 | Family Law |

A prenuptial agreement can be a great way to protect your financial interests before entering into a marriage. However, what may have once seemed like a beneficial arrangement may seem unfair when your marriage deteriorates and divorce is on the horizon. In those circumstances, your agreement might have serious ramifications for your life post-divorce. If that leaves you concerned, then you might want to consider challenging the validity of your prenuptial agreement.

So how do you try to get your agreement deemed legally unenforceable? There are a number of ways, including these:

  • You were pressured into the agreement, which may include some sort of undue influence.
  • You were rushed into signing off on the agreement, which prevented you from fully and thoroughly assessing its terms.
  • The terms are so one sided as to be unthinkably unfair.
  • The agreement was never reduced to writing, as is required by law.
  • The agreement failed to adhere to technical requirements under the law.
  • You agreed to the terms based on incomplete or inaccurate information, including a false representation of debts or an over-estimate of assets’ value.
  • The agreement is illegal in some way, such as limiting child support.

This leaves the door wide open for legal argument. However, to present the best case possible, you need to have witnesses and exhibits that support your position. This might be challenging, especially when cases turn into a he-said, she-said scenario. Yet, with strong legal guidance, you might be able to negotiate a favorable resolution, or succeed at getting your prenuptial agreement invalidated. Therefore, it might be in your best interests to consult with an experienced attorney who knows how to look for deficiencies in these agreements and lay out arguments as to why they should be deemed unenforceable.