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How To Invalidate A Prenuptial Agreement

Prenup16

Most prenuptial agreements are made after input from both spouses and can come with significant benefits for everyone involved. However, occasionally a prenuptial agreement is made in bad faith, with one spouse only looking out for themselves. When this situation ends in divorce, it may be necessary to invalidate the prenuptial agreement, and the knowledgeable divorce attorneys at the Law Offices of David L. Hirschberg in Boca Raton can help. Call the office or contact us today to schedule a consultation and learn more about your legal options.

Unconscionability

One reason why a prenuptial agreement may be deemed invalid is because of the inclusion of unconscionable terms. Unconscionability refers to the terms of the document being severely unfair, unjust, or would render one spouse eligible to receive public financial assistance if enforced. A prenuptial agreement can also be deemed unconscionable if the terms require a spouse to do certain things during the marriage, such as a certain level of housework or intimate acts with their spouse. The judge in the case may either rule that the entire document is invalid or strike the unconscionable terms and enforce the remainder of the agreement.

Failure to Disclose Assets

Another common reason that prenuptial agreements are invalidated is because one spouse fails to disclose the full extent of their assets prior to the signing of the document. In order to be considered valid, each spouse must disclose all assets and debts for the other to review so long as they do not waive their right to review. The financial information also could not have been discovered in any other reasonable way, such as when a soon-to-be spouse transfers assets, makes gifts, or hides them under shell companies and other complex holdings with the understanding that those assets will be returned once the prenuptial agreement is signed.

Duress or Coercion

Lastly, a prenuptial agreement may be invalidated because of duress or coercion placed on a spouse to sign the document. Duress and coercion refer to threats or force being used in order to get a person to sign an agreement. Refusing to allow a person to review the terms or seek independent review from a lawyer falls under duress and coercion, as does insisting that a person sign a prenuptial agreement immediately before they walk down the aisle. If you would like to learn more about whether the circumstances of your case may warrant an invalidation of a prenuptial agreement, talk to our office today.

Call or Contact Our Office Today

Do you believe that the prenuptial agreement you signed prior to your wedding is invalid because of unconscionability, failure to disclose assets, duress, or coercion? If so, the experienced Boca Raton divorce attorneys at the Law Offices of David L. Hirschberg are here to help determine whether your prenuptial agreement can be invalidated prior to your divorce. To learn more about your legal options, call the office or contact us today to schedule an evaluation of your case.

Resource:

law.cornell.edu/wex/unconscionability

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