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Is your prenuptial agreement legally valid?

| May 8, 2020 | Family Law |

Divorce can be enormously stressful for many reasons. You’re probably worried about emotionally untangling your life from your spouse and maintaining your relationship with your children. But in addition to these very real concerns, you might be worried about the financial ramifications of marriage dissolution, especially if you and your spouse previously signed off on a prenuptial agreement.

Yet, simply signing a prenuptial agreement doesn’t automatically render it legally enforceable. So, if you’re concerned about how your prenuptial agreement will affect you, then you might want to consider if it’s even valid in the first place.

There are a number of facts that could render a prenuptial agreement unenforceable, including the following:

  • One party to the agreement was pressured to sign off on it
  • Either party wasn’t given enough time to fully consider the terms of the agreement
  • One of the parties was tricked into entering into the agreement based on missing or inaccurate information
  • The agreement is found to be so one-sided that the court can’t, in good conscience, approve it
  • The agreement has provisions that can’t be legally enforced, such as those negating the need for child support

Of course, you’ll need evidence to support a showing that one of these conditions exists if you hope to escape the confines of a prenuptial agreement. This may mean gathering supporting documents and witness accounts, as well as deposing the other party to get a sense of what their position is on the matter. All of this can take some time and a lot of effort.

Making matters worse is the fact that there are a lot of issues to address when going through a divorce. As such, it can quickly become overwhelming. But don’t let that stress force you to hurry to resolution, as doing so could leave you in a precarious position. Instead, consider seeking out the help you need to aggressively present your position. Legal professionals stand ready to help.

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