A lot of people have financial concerns when they enter into marriage. As a result, they sometimes negotiate a prenuptial agreement with their soon-to-be spouse. This can help put financial worries to rest, thereby allowing the couple to focus on their relationship without stressing over how finances play into their relationship. These agreements can also give peace of mind should the marriage sour and divorce occur.
Your prenuptial agreement might not be advantageous now
In many cases, by the time divorce comes around a prenuptial agreement that was previously signed off on no longer looks appealing. If upheld, these agreement can threaten financial stability and leave individuals with an uncertain financial future. In other instances, the prenuptial agreement in question is just simply unfair, regardless of the true financial impact it has. If you’ve found yourself in this position, then you might take comfort knowing that there might be some legal arguments you can make to try to escape the terms of your prenuptial agreement.
Invalidating a prenuptial agreement
Invalidating a prenuptial agreement isn’t an easy thing to do. However, if you have the right evidence, you might be able to succeed in achieving your desired outcome. Here are some of the main ways that prenuptial agreements are invalidated:
- The agreement wasn’t reduced to writing
- The agreement is so one-sided as to be fundamentally unfair
- You didn’t have an adequate amount of time to consider the terms of the agreement before signing off on it
- You only signed the agreement because you based your decision on what turned out to be inaccurate or incomplete information
- You were somehow coerced to sign the agreement
Evidence of any of these characteristics may be enough to invalidate your prenuptial agreement. But competently and persuasively presenting that evidence is key, which is why many people who are in this situation choose to work closely with a legal professional who can help them build the case they need.