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Divorce and your prenuptial agreement: Is it valid?

On Behalf of | Apr 9, 2020 | Divorce

You have a prenuptial agreement that you signed prior to your marriage. You never liked it, but you had been worried that your marriage would be called off if you decided against signing it or asked for changes. On top of that, you only had around a week to look it over before your wedding, and you had so much going on that you didn’t want to set up an appointment with an attorney on top of everything else.

Now that you’re facing a divorce, you’re frustrated by your prenuptial agreement. You don’t think it’s very fair to you, and you want to get it thrown out and invalidated. Is it possible?

Your prenuptial agreement may not be valid

To start with, it’s important to talk to your attorney about whether your prenuptial agreement is valid or not. You may find that because you didn’t have enough time to speak with an attorney about it or because of its contents that it isn’t valid to begin with. For instance, if you had only a week to review the prenuptial agreement but weren’t given an opportunity to speak with an attorney before you signed, you may be able to argue that it shouldn’t be held as valid.

Similarly, if there is text in the prenuptial agreement that isn’t allowed, or even if the prenuptial agreement is too lopsided, the judge may not allow its use. For example, if one party would get everything thanks to the prenuptial agreement, the judge may say it’s not fair enough and invalidate it.

It’s worth taking some time to discuss your prenuptial agreement with your attorney. They will help you understand if it’s able to be challenged in court.

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