If you're getting a divorce and you signed a prenuptial agreement, you may be wondering if it can be thrown out. The answer is yes, but it's not always an easy thing to accomplish. Prenuptial agreements can only be thrown out if they have provisions that favor one party excessively, one party didn't have legal representation or if one party was coerced into signing.
You Didn't Have Legal Representation
If you and your spouse did not have separate, independent legal counsel before signing the prenuptial agreement, it could be thrown out. In many states, both parties receiving legal counsel is required by law. This is to ensure both parties are equally represented in the agreement. Sometimes, a spouse is simply presented with a prenuptial agreement to sign shortly before the wedding. In a case like this the prenuptial agreement may not be binding.
Child Support Provisions Were Included
Including any stipulations about child support in a prenuptial agreement is illegal. A spouse cannot limit about of child support they will pay or include visitation provisions. The inclusion of either of these in the agreement makes it possible for it to be invalidated.
False Or Missing Information
If one party doesn't fully disclose their assets by either undervaluing them or by omitting them the prenuptial agreement can be thrown out. Prenuptial agreements are only binding if both parties have a total disclosure of their assets. However, in the event your spouse hasn't fully disclosed their assets, you must be able to prove those assets exist.
Was The Agreement Fair
When the court looks at a prenuptial agreement, they're looking to see how close the benefits of the agreement match what the court would award without the agreement in place. If there is a large discrepancy between the amount of alimony or property a person would receive, the prenuptial agreement may be set aside.
Stating that you were coerced is another potential defense against an unfair prenuptial agreement. If you felt extremely pressured into signing the agreement, or you can prove you were under mental duress at the time the agreement may be invalid. This is especially true if you had limited time to look the agreement over.
If you're facing a prenuptial agreement that you feel is unfair you could consult with an experienced divorce attorney. Prenuptial agreements are difficult to break without the proper proof. Only an experienced attorney (such as Andrew H P Norton) will be able to advise you whether your prenuptial agreement could be set aside.
Share21 August 2015
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