Getting married is exciting. You’re embarking on a new life together with your spouse where you share everything from a home to memories and even a family. But for some people, the idea of sharing everything, especially their hard-earned wealth, is nerve-wracking. That’s why some individuals turn to a prenuptial agreement for assistance.
This agreement can not only lay the framework for each spouse’s financial obligations during the marriage but it can also specify how assets will be distributed if the marriage comes to an end. While this arrangement can provide a sense of security for all involved, if the time comes to divorce, what once looked like an agreement with fair and favorable terms may not seem so rosy now.
Is there a way out of your prenuptial agreement?
There may be, depending on the circumstances. If you want to try to have your prenuptial agreement invalidated, you might want to consider the facts of your case to see if you can make any of the following arguments:
- You were threatened: Prenuptial agreements are supposed to be voluntarily entered into with a full understanding of the financial picture at hand. But if your spouse threatened you in some way, such as by claiming that you won’t receive anything through divorce or the marriage won’t move forward without signing off on the agreement, it may be deemed invalid.
- You weren’t given enough time: You should only sign off on a prenuptial agreement after you’ve had time to consider its terms. If the agreement was pushed in front of you on the day of the wedding, or you were otherwise given a limited amount of time to agree to it, you may not have given it the full consideration it required.
- You didn’t adequately read the agreement: Again, if you were rushed to sign off on a prenuptial agreement, you may not have had enough time to thoroughly read the agreement. If that was the case, you can argue that you didn’t know what you were agreeing to but felt pressured to sign off on it.
- You signed the agreement based on your reliance on false or misleading information: Since a prenuptial agreement is basically a contract between you and your soon-to-be spouse, it should be created and entered into with a full understanding of the circumstances. All too often, individuals lie to their significant other about their assets and their debts. If your spouse did that to you, and you relied on their assertions when choosing to enter into a prenuptial agreement, you have a strong argument for a finding that the agreement is invalid.
- The agreement is fundamentally unfair: Even if the agreement in question was properly executed, a court may find it unenforceable if the terms of the agreement are too one-sided. That’s the court’s way of ensuring that you’re not unfairly taken advantage of by your cunning spouse.
Protect your interests throughout your divorce
There are a lot of legal issues that you’ll have to address in your divorce. Your prenuptial agreement may be just one of them. With so much at stake in your marriage dissolution, you need to be fully prepared going into the process. Only then can you ensure that you’re making the strong legal arguments that are necessary to protect your interests.
If you think that you could use some assistance in that regard, you might want to consider reaching out to a legal professional. That way, you know that you have legal knowhow on your side, which could make all the difference in your case.