Have a prenuptial agreement that you think you’re roped into forever? Think again. There are some situations where a prenuptial agreement can be declared void or nullified. Or specific clauses can be voided if the court deems them unconscionable or illegal. So in what other circumstances can a prenuptial agreement be altered or eliminated altogether?
Challenging A Prenuptial Agreement
Before you sign a prenuptial agreement, it’s always crucial that you have an attorney present, such as Rachel Storey Lawyers. But if that didn’t happen, all hope is not lost. You can have an attorney review the agreement if you want to challenge portions of it. At this point, your attorney will ask you about your relationship and the circumstances surrounding the prenuptial agreement.
- When did you sign the prenup?
- Before signing, how much did you know about your partner’s finances?
- Were you allowed to review it before signing or have an attorney look at it?
- Have either you or your partner’s financial situation changed since signing the prenup?
Prenups are generally enforceable contracts, but there are several ways their validity can be challenged. It would be essential to have the assistance of an attorney before you start the divorce or separation process.
Terms That Can Be Included In A Prenup
The details of rights and obligations are laid out in a prenup that each member of the couple possesses until a divorce takes place. It can include such terms as:
- How property is to be divided if a separation/divorce were to occur
- The right to have property separated
- How property is to be divided if one spouse passes away before the other
- How much alimony is owed to each party on separation
- Estate planning matters
- If any spouse is going to benefit from a life insurance policy
A prenup cannot contain any details that determine child support, custody, or any measures involving children.
When Can A Prenup Be Contested?
Being able to contest a prenup depends on several factors being in play at the time the document was signed. These factors include:
- Being coerced into signing the agreement
- Not having a clear picture of the terms of the agreement
- The terms of the prenup violate any law or outline any illegal activity
- Assets or debts were not fully disclosed
- The prenup contained unfair provisions or clauses
In these cases, you would have grounds to contest your prenup and have the agreement or some of its terms struck down.
Does Cheating Void A Prenup?
That would entirely depend on the terms of the prenup. If such a clause is included, that the prenup would be void if cheating occurs, then this is called an infidelity clause.
With these terms outlined, you can see that a prenuptial agreement is not set in stone. Measures can be taken to eliminate terms that are deemed unfair, or the entire agreement under specific circumstances. Contact your divorce attorney as soon as possible if you think that your prenuptial might not be as sound as you originally thought.