Most people who are getting married don’t plan on getting a divorce down the line. That’s not the goal, anyway. But life happens. Circumstances change, time passes, and, unfortunately, divorce is an inevitable and necessary part of life for many couples.
Prenuptial agreements assure that your and your spouse’s property and assets will be fairly divided in the event of a divorce. However, just because you had this type of contract put into place before getting married doesn’t mean it will be upheld in court if divorce occurs. There are many circumstances in which prenup contracts are not uncommon to be found voidable.
Below, we’ll discuss what these circumstances may look like and what you can do if you find yourself in a situation like this. Even if you are hoping for a way around a prenup, we can help. First, though, let’s take a look at what a prenuptial agreement is.
What Is a Prenuptial Agreement?
A prenuptial agreement, a “prenup,” is a legal contract that is created before a couple gets married to detail how assets and finances will be handled in the event of a divorce. Of course, prenuptial agreements can include other nonfinancial information as well. For example, it may include information about marital responsibilities, work responsibilities, responsibilities related to children, and more.
Following Prenup Guidelines
When drafting a prenuptial agreement, it is essential to follow specific rules. Otherwise, this is usually when a contract can become voidable.
For example, your spouse must be given no less than seven days to review your prenup before they sign. Additionally, if your contract has any language that would violate public policy, this would mean the entire agreement would be void. An example of this would be setting up a payoff at the time of divorce. Because this language would promote divorce, it violates public policy.
Finally, we recommend that if both parties have agreed to waive spousal support, it’s always a good idea that independent counsel represents both sides.
When a Prenup Doesn’t Hold Up in Court
Numerous conditions may affect the validity of a prenup. For example, it may become void if a prenup is unfair — because of false promises, unconscionable terms, or being signed under duress. Understanding what these terms mean in practice can be difficult. However, it’s always essential to hire professional legal representation and create an airtight contract you can feel comfortable with.
Contact Mohajer Law Firm for Assistance With Your Prenup
If you need help or advice on your prenuptial agreement, the legal team at Mohajer Law Firm can help.
Give us a call. Contact us online. We’d be happy to discuss your case with you.
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