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Can you invalidate your prenuptial agreement?

On Behalf of | Aug 23, 2021 | Divorce |

A lot of people have financial concerns before getting married. This is understandable given the fact that you may have spent a lot of time and effort to build your wealth and marriage typically causes your assets to be commingled with marital assets. In other words, your assets could be subject to division should you end up getting divorced.

That’s why prenuptial agreements can be beneficial. These contractual arrangements allow you to specify how assets will be divided in the event of divorce, thereby providing certainty and comfort heading into your marriage. However, if you feel like your prenuptial agreement is no longer beneficial to you and you’re headed toward divorce, then you may be looking for a way to get out of your prenuptial agreement’s terms. Here are a few ways you may be able to do so:

  • Argue coercion if you were forced in any way to sign off on the agreement
  • Claim that you had an inadequate amount of time to consider the terms of the agreement before signing it
  • Argue that you signed the agreement based on false or misleading information about your spouse’s assets, income, and/or debts
  • Illustrate that enforcing the agreement is fundamentally unfair
  • Demonstrate how the prenuptial agreement contains illegal terms that should render the entire agreement unenforceable

Know how to use the law to your advantage

You might have a strong legal basis to claim that your prenuptial agreement is invalid. In order to successfully argue this, though, you need to be armed with strong evidence to support your position, and you should know the ins and the outs of this area of the law. Therefore, with adequate research and support on your side, you may be able to achieve the outcome you desire.