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Can you escape the terms of your prenuptial agreement?

| Jan 13, 2021 | Family Law |

A well-thought out prenuptial agreement can be a smart financial move before tying the knot. It can set expectations and spell out financial responsibilities while also providing peace of mind regarding asset division in the event of divorce. It’s always hoped that these agreements will allow a couple to focus on their marriage without worrying about the financial aspect.

However, if you signed off on a prenuptial agreement and are now facing the very real prospect of divorce, then that agreement may or may not look as enticing as it did before. If you fall into the latter group, then you might be scrambling to find a way out. Although it can be challenging, there are some ways that you might be able to escape the terms of your prenuptial agreement.

Invalidating a prenuptial agreement

Since prenuptial agreements are essentially contracts, there are certain characteristics that must come into fruition before one of these agreements will be deemed legally enforceable. Any of the following could render your agreement invalid, thereby allowing you to break free from its terms:

  • The agreement wasn’t in writing
  • The agreement wasn’t signed by both parties
  • The agreement was only entered into because of a reliance on false or misleading information pertaining to assets and debts
  • There was inadequate time to consider the terms of the agreement
  • You were coerced into signing the agreement
  • The agreement is so one-sided so as to be deemed unconscionably unfair

There may be other avenues that you can take to invalidate a prenuptial agreement, so if you’re facing divorce and have questions about your agreement, then you might want to speak with an experienced family law attorney.

Be prepared for your divorce

A prenuptial agreement might be just one piece of your divorce. After all, prenuptial agreements vary in their breadth and depth, so you may still have outstanding financial issues that you need to take care of in addition to issues like child custody and child support. To ensure that you position yourself as favorably as possible in these matters, you might want to work with a legal advocate you will know how to develop a strong legal strategy that works for you.