Is your prenuptial agreement invalid?


On behalf of Roncone Law Offices, P.C. | Dec 3, 2020 | Family Law


Last week on the blog we discussed the benefits of a prenuptial agreement. While the advantages of one of these agreements are undeniable, the truth of the matter is that there are circumstances where a once beneficial prenuptial agreement suddenly seems unfair or harmful to one’s future. In these situations it might be time to consider whether the prenuptial agreement to which you’re bound is even legally enforceable. If it’s not, then you might be able to take legal action to escape its clauses.


How can a prenuptial agreement be deemed invalid?

A lot of people are subject to  without even realizing it, which is why you shouldn’t just sit back and accept your agreement, even if you signed off on it. Consider each of these characteristics that may deem a prenuptial agreement unenforceable:

  • Coercion: If you were pressured to sign off on your prenuptial agreement for some reason, then you might be able to successfully argue that you were coerced into signing the agreement. This will render the agreement invalid. So, consider the circumstances surrounding your signing of the agreement.
  • No time for consideration: If your prenuptial agreement was thrust upon you on the day of your wedding, then the chances are probably pretty good that you didn’t have adequate time to read and fully understand the terms before signing off on them. This can render the entire agreement unenforceable.
  • Wholly unfair: Some prenuptial agreements are so one-sided that a court can’t in good conscious find them enforceable. Is your agreement extremely unfair? If so, then you might be able to make an argument here.
  • Agreement wasn’t written: Prenuptial agreements should be reduced to writing, so if yours wasn’t, then you might have an argument for unenforceability.
  • False or inaccurate information: You should have a firm understanding of your spouse’s income, assets, and debts before signing off on a prenuptial agreement. If he or she lied or misrepresented any of these matters, and that false or inaccurate information caused you to sign the agreement, then you’ve probably got a pretty good argument for escaping your prenuptial agreement.


Don’t be afraid to fight for the outcome you want

In many of these cases, people feel like they can’t go back on their word after signing a prenuptial agreement. They’re afraid that they’ll look ridiculous or conniving, but this isn’t the case. A bad prenuptial agreement can set you on the wrong course post-divorce, but that doesn’t have to be the case. Instead, you can fight for the life you deserve after marriage dissolution. If you want to learn more about how to do that, then it’s time to speak to a divorce attorney who knows how to handle these types of cases.


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