Prior to getting married, a prenuptial agreement can seem like a great way for the parties to protect their financial interests, thereby allowing them to focus on their relationship. However, when one of these marriages falls apart years later, the initial prenuptial agreement that was signed off on may not seem as appealing.
If you’re in that position now, then you’re probably wondering if there’s a way to avoid the terms of the prenuptial agreement. The only way to do that, though, is to have the agreement deemed invalid.
Proving that a prenuptial agreement in void
How do you prove that a prenuptial agreement is not legally binding? Here are a few ways to do so:
- Demonstrate that you were pressured or otherwise coerced into signing the agreement
- Show that you didn’t have adequate time to read the agreement and fully understand its terms before signing off on it
- Prove that the agreement contains invalid provisions such as those pertaining to child support
- Present evidence showing that you signed off on the agreement based off of false or misleading information pertaining to your spouse’s assets and liabilities
- Illustrate that the agreement is so one-sided so as to be fundamentally unfair
Remember, feeling that one of these circumstances exists isn’t enough. You’re going to have to present evidence that demonstrates that one of those conditions exits. This will most certainly include your own testimony, but you might also have to rely on other witness, interpretation of the document itself, and any other extrinsic evidence that may be helpful to your position.
An advocate may be able to help you successfully argue your case
There’s certainly a lot on the line when a prenuptial agreement is in play, which is why you may find it beneficial to educate yourself as you address your case. By doing so, you may be able to better position yourself for the outcome that is best for you.