Ways to challenge a prenuptial agreement

| Nov 1, 2019 | Prenuptial Agreements

It’s not uncommon for spouses to regret signing prenuptial agreements. They may have signed the document at a time in their life when they were optimistic about the future and perhaps naive about the impact of prenuptial agreements.

However, when faced with divorce, many people realize how the prenuptial agreement will negatively affect the ultimate outcome. Fortunately, it’s surprisingly common for divorcing spouses to successfully argue that their prenuptial agreement is invalid. The following are some of the ways that it can be possible to contest the validity of a prenuptial agreement.

When you were pressured into signing

People should never be pressured or coerced into signing a legally binding document. They must be able to sign the papers using their own free will and they should also understand the implications.

When you did not have time to read the document or to consider the implications

Some people are presented with prenuptial agreement papers without warning on their wedding day. This is widely considered to be a manipulative move that puts the bride or groom into a difficult situation. Often, they sign without even reading the papers or consulting a lawyer.

When the provisions are invalid

Certain things cannot be laid out in a prenuptial agreement. For example, if there is a clause in the prenuptial agreement that attempts to modify child support obligations, this will never be recognized by law.

If you are worried that you will suffer financially due to the enforcement of the prenuptial agreement that you signed, it is important to investigate whether you can contest its validity. Investing time in exploring your options could pay off in the long term.

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