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Mark Abzug

Are you worried about your prenuptial agreement?

On Behalf of | Nov 24, 2020 | High Asset Divorce

A prenuptial agreement can be a great way to protect your financial interests as you enter marriage. Such an agreement can set expectations and alleviate some of the tension that your marriage might otherwise face. Yet, if the time comes to dissolve your marriage, then what once may have seemed like a beneficial agreement might be devastating. If that’s the case, then you might want to consider assessing the circumstances surrounding your agreement to determine if the agreement is even legally enforceable.

Ways to invalidate a prenuptial agreement

A prenuptial agreement is a contractual relationship, and as such must adhere to certain requirements. Failure on a party’s part to do so can lead to invalidation. Here are just a few ways that can occur:

  • The agreement wasn’t written: Prenuptial agreements really should be memorialized is writing. If they’re not, then they might be deemed unenforceable.
  • Coercion: If you were pressured or threatened to sign off on a prenuptial agreement, then it can’t really be said that you entered into it on your own volition. Such coercion is unfair and will probably lead a court to find the agreement invalid.
  • Lack of time to consider: You have to fully vet and understand the terms of your prenuptial agreement before agreeing to it. If it was thrust upon you the day of your wedding, then it’s going to be hard for anyone to say that you had the time necessary to fully consider it.
  • False or inaccurate information: Prenuptial agreements need to be based on full disclosure and trust. If your spouse lied to you about income, assets, or debt, then both of those principles have been breached.
  • Fundamental unfairness: Sometimes the negotiation of a prenuptial agreement is so one-sided that a court simply can’t find it to be legally enforceable.

Don’t be afraid to fight for your best interests

Far too many people who have signed a prenuptial agreement that turns out bad are embarrassed and afraid to address the issue. Don’t let that be you. Doing so does nothing but hurt your financial future in both the short and long-term. Instead, consider seeking help making the legal arguments you need to maximize your chances of obtaining a favorable outcome.