As we’ve discussed previously on the blog, a prenuptial agreement can be a great way to protect your financial interests in the event of divorce. Although many people are worried that these documents anticipate divorce, thereby starting a marriage off on the wrong foot, it’s really meant to allow spouses to focus on their relationship without concerning themselves with how money may affect their actions during the course of their marriage.
Yet, prenuptial agreements do come into play when marriages dissolve, and that agreement that once provided security may look daunting. Sometimes, those who are subjected to a prenuptial agreement have regrets about what they agreed to, creating worry that their financial future is in jeopardy. However, those who find themselves in this position might be able to get out of their marital contract if they can prove one of a number of circumstances.
There are multiple ways to have a prenuptial agreement deemed invalid. For example, in some cases individuals are pressured into signing off on terms they don’t agree with. If this can be supported by evidence, then a court may find that coercion has rendered the agreement unenforceable. The same can be said if an individual can show that there was no time to read the agreement and fully consider its terms before signing it. In a lot of cases, prenuptial agreements are created based on inaccurate or incomplete information, which leaves a spouse feeling cheated. Fortunately, these situations, too, may render an agree legally unenforceable.
So, if you’re feeling nervous about your prenuptial agreement as you head into divorce, you might want to consider whether you can make an argument that the agreement isn’t valid in the first place. To do so, though, you need to have evidence on your side and know how to persuasively present it to the court. Attorneys who are experienced in family law and divorce matters might be able to lend you a helping hand in these types of matters.