A prenuptial agreement or postnuptial agreement can be a good decision for many couples, especially for a couple or individual who will enter a marriage with significant wealth or has obtained wealth or assets since the wedding. While these documents do provide a significant amount of protection and security, they often come under scrutiny when a marriage is over.
If you are getting a divorce and have concerns about the validity of your prenuptial agreement, there is no time to lose in securing qualified legal assistance. It is possible that your prenuptial agreement is not as airtight as you hoped or assumed, and you would be smart to take quick action to protect your interests.
Reasons a prenuptial agreement could be invalid
A prenup agreement is only as good as the terminology included in the document. If there are problems with how it was drafted or other elements, it could lead to legal complications. The most common reasons that it could be invalid include:
- The prenuptial agreement is not in writing.
- Both parties did not sign the agreement before their wedding.
- One party faced pressure to sign the agreement before marriage.
- One or both parties did not read the prenuptial agreement before signing.
- One spouse did not have time to consider the terms of the agreement before signing.
- There are invalid provisions included in the prenuptial agreement.
- The terminology in the agreement includes false information.
- Parts or all of the prenup are incomplete.
- One party did not have independent counsel before signing the prenup.
- The prenup agreement is grossly, obviously unfair to one party.
If you believe that you are financially exposed or you have concerns about your legal and financial security in light of an upcoming divorce, you do not have to deal with these complex issues on your own.
Protecting yourself during a difficult time
Divorce can be a difficult process, and it can be even more complex when there are concerns or potential disputes over a prenuptial agreement. By working with an experienced attorney from the very beginning, you can learn how you may protect yourself and your interests, even when there are disputes or concerns regarding a prenuptial agreement.
Prenuptial agreements are rarely airtight, but you can still fight for a secure future after divorce. You can discover your options and learn about your rights by seeking a complete evaluation of your individual situation.