Before you got married you might have thought that a prenuptial agreement was the best way to protect your financial interests so that you and your spouse could focus on your relationship. However, as time has passed, your prenuptial agreement may not look as great. If you’re concerned about how a prenuptial agreement might affect you in the aftermath of your divorce, then you might want to take a closer look at it to see if there’s a way to break free from its terms.
There are a number of ways to invalidate a prenuptial agreement. If that’s something that you’re interested in doing, then consider these factors that can lead to a determination of legal invalidity:
- The agreement wasn’t reduced to writing
- You weren’t given enough time to consider the terms of the agreement
- You were coerced or somehow pressured into signing the document
- You agreed to the terms based on false, misleading, or inaccurate information
- The terms of the agreement are so one-sided as to be unfair
- The agreement addresses matters that, by law, cannot be addressed through a prenuptial agreement
In order to have a prenuptial agreement invalidated, though, you’ll need strong evidence. This could come in the form of testimony from witnesses or documents, perhaps showing that information was hidden or missing at the time of the agreement’s execution. As such, you need to be thoroughly prepared before bringing these matters to court.
But the amount of work that goes into these cases shouldn’t dissuade you from taking the action that is necessary to protect your best interests. If you think you could benefit from legal assistance in analyzing your circumstances and building a strong legal argument, then it might be time to reach out to an experienced family law attorney.