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Your prenup may not be all it’s cracked up to be

Prenuptial agreements are a great way to protect your assets before you get married. These agreements are created to protect the assets of both parties and to help facilitate an easy split should divorce ever come on the table. There are some cases, however, in which that signed contract may not be as watertight as you think. Knowing what might void your prenuptial agreement can help you create one that will stand up in court, should the need arise. 

 

The agreement is fraudulent

One of the main reasons that a prenup can be voided is if it is found to be fraudulent; if one spouse does not disclose all of their assets. This means that if one spouse can prove that the other did not list all their assets, did not list any of their assets, or that they misrepresented them in any way, you can then work to void the prenup. This pertains to assets, income and any other form of money or property.

Signed under coersion or duress

Another instance in which you may be able to void a prenuptial agreement is if the agreement was signed in a time of duress or if the person signing feels that they were coerced to sign. A good example is if one party claimed to have some sort of information about the other, they then use this information to black mail the other party into signing the agreement. Still another example might be that one party was drunk or otherwise unable to make a sound judgement when they signed the agreement.

Improper filing

If the paperwork was not filed properly, or not filed at all, it also has no legal standing. The agreement needs to be written, witnessed, and filed properly with all the appropriate courts in order for it to be a sound legal document that cannot be thrown out. If an agreement is not properly drafted, if it is not properly filed, or if there is any loophole in the agreement, with the help of a good lawyer, it can likely be thrown out.

Both parties did not have separate legal representation

It is required that both parties have some form of legal representation present when they sign the paperwork. This does a few things, for starters, it allows both parties someone to seek legal counsel from if they have questions or reservations about the agreement. It also provides a witness to the signing and allows for any legal or clerical errors to be addressed on the spot so that the filing can go through. This is a necessary part of any prenuptial agreement and legal counsel for both parties should be present at the time of signing.

Ridiculous provisions or unbalanced agreement

The last reason that you might have trouble is if the agreement is not even or if there are ridiculous things in it that are asked. A good example would be if one party refuses to pay alimony to the divorced spouse even though the spouse lived in luxury before the divorce and they have no skills or ability to get a job. Another issue may be if on party refuses to pay any child support, even in the case of divorce. Another ridiculous provision might be if one spouse is not able to go out or if they are required to check in with the other spouse multiple times a day. A judge can determine if the provisions are strange or unjust and can also determine if the agreement is not even and fair for both parties.

It is important that if you take the time to draw up the perfect agreement for your marriage.

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