Until recently prenups were very difficult to turn null and void. Indeed, most attorneys would consistently advise brides-to-be to have a carefully structured prenup in place to take care of their various financial interests.
However, it may happen that a woman who has signed on the dotted line of a similar agreement, and whose husband is now asking for a divorce, has solid grounds for revoking the agreement. Check out the five circumstances that it may happen,
A Fraudulent Agreement
A prenuptial agreement requires each of the spouses to declare all of his/her assets. In a divorce, it may be common for the husband to undervalue assets, or in certain cases not declare the assets at all. In such a situation these assets may not be part of a settlement agreement. Unfortunately, prenups may go through such underhandedness, as well. If in specific conditions you can prove that your husband did not fully disclose his income or assets at the time when you signed the prenup, you may have a reason to nullify the agreement and get it thrown out as you are undergoing a divorce.
The Agreement Was Signed under Duress or Signed Without Full Senses
Coercion or duress may turn out to be difficult to prove. As regards aspects of divorce law, different states have varying standards of divorce law. Still, it is not very rare to throw up a prenup agreement based on duress. Similarly, if you can prove that you lacked the mental capacity to understand the prenup when you signed the agreement, for instance, if you are under the influence of medications, it may be a good reason to invalidate the prenup agreement.
The Prenup Was Not Properly Filed
As with any legal contract, how you enforce a prenup can go a long way in avoiding future errors. Careless errors can affect a prenup. Ensure the initial agreement is well-drafted to make sure that it cannot get nullified later on.
Your Prenup Needs Proper Legal Representation
Both parties need prenup and legal support from their separate and independent counsel. If you end up signing something that your wealthy fiancé or his family arranged to draw up for you to agree to and marry him; you also need to be aware that this agreement may have many loopholes. If many years later, your spouse wants out of marriage, then you may be in trouble. Signing a contract without legal representation is always a bad idea! If you have signed your prenup agreement without proper knowledge, you may end up invalidating it.
The Agreement Isn’t Balanced
More often than not, the divorce court judges are not bothered about the peculiarities of individual contracts. However, certain factors can raise eyebrows. For instance, if your prenup mentions no child support, it will not be paid in the eventuality of a divorce. Other mentions in the prenup may include weight gain, hair color, visits by in-laws, and more. Remember that the judges have heard most of it and these issues may not be given importance in court. So, if you want to make your prenup agreement effective, ensure that both parties have separate attorneys as representatives.
Other Rules and Regulations
Prenups may be always written, as oral prenups are not valid. Also, an agreement that is signed just the day before the wedding can be invalidated.
A prenup cannot be unconscionable, meaning that the prenup could be invalidated if the agreement is not balanced; one party getting more while the other party getting next to nothing. Most prenups have to be executed by both parties with a witness to oversee things. In some cases, a judge witness may be there to see that everything is fair in the world of prenups. It should also be recorded in a certain format.
Ensure you keep these conditions in mind, not only when you are trying to get out of a prenup which you may believe to be unfair; but also if you are thinking about signing an agreement. So, whether you’re trying to nullify an agreement or to draft one, it’s very important to consult with an attorney who has the expertise to tide you through difficult times and ensure your future is safe.