Getting divorced can be enormously emotional, but it can also disrupt your financial standing. Surviving on one income post-divorce can be challenging, but the financial ramifications of the divorce itself can be unsettling. This is especially true when you signed off on a prenuptial agreement. If you’ve done so, then you may be concerned about being on the hook with regards to the terms of that agreement, which can be quite pricy depending on the circumstances at hand.
It’s important to note, though, that not all prenuptial agreements are valid. Therefore, if your concerned about abiding by the terms of one of these agreements, then you should consider looking at whether the agreement is actually legally enforceable.
There are a number of ways in which a prenuptial agreement can be deemed invalid. One of the most obvious ways is a determination that the agreement was never reduced to writing. Another way a prenuptial agreement can be invalidated by is by showing some sort of coercion. Also, a material misrepresentation could be grounds for invalidation, such as when the other spouse lies about his or her assets and liabilities. A lack of time to consider the terms of the agreement before signing off, the fact that you didn’t read the agreement before signing it, and blatant unfairness can all render an agreement unenforceable.
Dealing with the legalities of divorce can be extremely unpleasant, especially when the parties are at odds with each other, which is usually the case. However, when it comes to your financial livelihood post-divorce, you need to make sure you do everything in your power to protect your best interests. With that in mind, you may want to consider seeking out legal assistance for all of your family law needs, including addressing problems related to prenuptial agreements.