Getting Legal Consultations Before Signing a Prenuptial Agreement

by | Aug 7, 2015 | Law

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In the not-so-distant past, prenuptial agreements were considered insulting; but today, they are common for couples of even modest worth. A prenup allows spouses to agree on which assets become community property, and which will continue to be held individually. In most cases, prenups are drawn up to prevent a spouse with substantial assets from losing a disproportionate share of those assets if the marriage ends. It is difficult, but not impossible to revoke a prenuptial agreement. In this article are five situations in which revocation can occur.

Fraudulent Agreements

A prenup requires spouses to fully disclose all of their assets. In a divorce, it’s common for spouses to hide or undervalue assets, to keep them out of settlement agreements. This kind of devious behavior is common in prenuptial agreements, and if a spouse can prove that their significant other failed to disclose assets, he or she may be able to have the agreement revoked.

The Agreement Was Signed Under Duress or Diminished Mental Capacity

It can be difficult to prove duress or coercion, and as in other parts of divorce law, different areas have different standards for coercion. However, it may be possible to have a prenup thrown out on such basis. If a person can prove that they lacked the capacity to understand a prenup when signing, he or she may have a case for revocation.

Improperly Filed Paperwork

As with any contract, a prenup’s enforceability can come down to technical issues. A careless error can affect the validity of the entire agreement, and if a prenuptial agreement is poorly drafted its legitimacy can be challenged in court.

Signing Without Representation

Both spouses should have legal consultations before signing a prenuptial agreement. If a person signs something as a condition of marriage, they should be aware that the agreement may not hold up if the other spouse later wants a divorce. It’s never a good idea to sign a contract without legal consultations, but if a person does, they may be able to get it revoked.

If a spouse is trying to nullify an unfair prenuptial agreement, or if they are considering signing one, these conditions should be kept in mind. Whichever side a spouse is on, it’s important for him or her to visit Website Domain, where a lawyer can help them navigate the legal system while planning for a solid financial future.

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