How prenuptial and postnuptial agreements are invalidated

| Jan 28, 2021 | Uncategorized |

Regardless of which side of a divorce you find yourself on, alimony can make or break your finances post-divorce. That’s why a lot of people decide to address alimony through a prenuptial or postnuptial agreement. By doing so, they set minimums or limits, depending on how you view it, so that everyone knows exactly what will be required in the event of divorce. But what once looked like a fair and favorable agreement might look less so as marriage dissolution becomes a distinct possibility. If that’s the case, then you might find yourself wondering if there’s a way to break free of the bonds of your agreement.

Invalidating a prenuptial or postnuptial agreement

There are ways to have your agreement deemed legally invalid. Doing so could open up the possibility of seeking more alimony than you normally agreed to, or fighting to prevent payment of alimony at the level that was initially agreed to. Here are some of the ways that you can have your agreement deemed unenforceable:

  • The agreement was verbal: These agreements typically need to be reduced to writing, so don’t be daunted by verbal promises.
  • Coercion: If you were pressured by your spouse to sign the agreement, then you have the opportunity to present evidence of that and have your agreement invalidated.
  • No time to consider: You really should have adequate time to consider the terms of your agreement. If it was thrust upon you with a tight deadline for signing or mere minutes or hours before marriage, then you probably didn’t have ample time to adequately vet the terms.
  • Lies and misinformation: Prenuptial and postnuptial agreements are supposed to be trust and fact-based. If you only signed your agreement because of your reliance on false or misleading information about your spouse’s income or debts, then you might have a strong case for invalidation.
  • Gross unfairness: The law won’t support an agreement that is so one-sided as to be fundamentally unfair. So, consider the terms of your agreement in light of the circumstances to see just how fair they are to you.

Confidently address your family law needs

Addressing the validity of prenuptial and postnuptial agreements can be complicated and highly fact sensitive, but it’s also just one of the many legal issues that you might face during your divorce. If you want to be able to approach these issues with confidence and increase your chances of reaching an outcome that is best for you, then it might be advantageous to work with an attorney who will know how to fight for you and your interests.