Legal issues can arise among families. This blog has previously discussed family law issues and why it is important to address them appropriately. One topic we have touched on is prenuptial agreements. Regardless of one’s wealth or strength of relationship with his or her soon-to-be spouse, a prenuptial agreement can prove to be beneficial. It can put minds at ease while at the same time ensuring financial protection in the event that a marriage ends. Yet, sometimes when the time comes to untie the knot and dissolve a marriage, the terms of a prenuptial agreement may not seem so favorable. In those instances, it might be wise to try to figure out if the agreement can be invalidated.
There are a number of ways that a prenuptial agreement can be deemed invalid. First, these agreements are legally binding only if they are reduced to writing. Therefore, promises that were verbally made likely won’t be enforceable in court. Second, the document must be drafted in a way that is legally sufficient; otherwise it fails to be binding. Third, an individual may be able to get out of one of these agreements if it can be shown that he or she was not given adequate time to read and consider its terms prior to signing.
Those who have been duped into a prenuptial agreement may also be able to invalidate it. One may be able to claim that they were unlawfully pressured into signing the agreement, that they signed the agreement based on false information provided by the other party, or that the information that formed as a basis for entering into the agreement was incomplete.
Getting out of a prenuptial agreement can be tough, but it’s not impossible. Therefore, whether one finds him or herself trying to get out of one of these agreements, or prevent one from escaping its terms, it may be wise to seek counsel from an experienced family law attorney.