Cecil Cianci Law

The Ways a Prenuptial Agreement Can Be Found Invalid

As we have discussed previously on this blog, deciding to get married is much more than an emotional decision, as it can also have significant financial ramifications. In essence, those who choose to get married are choosing to split all property and put themselves in a position where they may have to pay child support and/or alimony. Of course, many, but not all, of these issues can be settled well beforehand, even prior to the marriage actually occurring. The best way to do this is to enter into a prenuptial agreement.

Yet, in the rush to enter into a prenuptial agreement, one party may feel that they were not given all the relevant information or not enough time was given to consider the agreement before it was signed. When it comes time to divorce, the terms of a prenuptial agreement may not be as favorable as they did when the marriage was entered into. In these instances, it might be in a Roseville resident's best interest to try to have the agreement found to be invalid.

There are a number of ways to have a prenuptial agreement deemed invalid. The first way is to prove that the agreement was not reduced to writing, as this is an essential requirement of these agreements. Another way is to put forth evidence demonstrating that one was pressured into signing the agreement. Also, if an individual didn't read over the agreement prior to signing, or not enough time was given to fully consider the terms of the agreement, then that individual may be able to make a legal argument that the agreement should not be upheld. It is also important to note that a prenuptial agreement may be challenged if one of the spouses failed to fully disclose financial information upon the agreement's execution.

Although prenuptial agreements can be extremely helpful, they can also wind up leaving an individual feeling financially cheated if the terms of the agreement result in unfairness. Regardless of whether an individual is seeking to create a new agreement or get out of an existing one, it may be in his or her best interests to discuss the matter with a qualified family law attorney.

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