Divorce is an expensive endeavor. So, if you have significant assets and are considering marriage dissolution, then you need to be prepared to fight to protect your interests. This may mean aggressively negotiating and litigating property division disputes or arguing over alimony and child support. Each of these fights can be highly contested and threaten to rock your financial foundation post-divorce. But one of the best ways you might be able to protect your interests is to try to show that a previously agreed to prenuptial agreement is invalid.
There are a number of ways that a prenuptial agreement can be deemed legally unenforceable. For example, mere verbal agreements won’t hold water in court. The same holds true if both parties to the agreement didn’t sign the agreement. These are technicalities, but they can have tremendous ramifications and highlight why you need to know the law before simply going along with whatever was “agreed” to prior to entering your marriage.
But more serious actions can affect the legal viability of a prenuptial agreement, too. Coercion can render the terms of the agreement invalid given that they weren’t agreed to willingly, and those who aren’t given enough time to fully consider the terms of an agreement can fight the legal validity of the agreement even if they signed off on it. Another way to successfully challenge one of these agreements is to show that it was based on inaccurate or incomplete information. For example, an inaccurate portrayal of an individual’s assets that persuades the other party to act in a certain way may be deemed unfair and therefore unenforceable.
The outcome of a divorce can dictate your financial standing for years, maybe even decades to come, especially when a prenuptial agreement is in play. Therefore, if you are considering marriage dissolution, you need to aggressively act to protect yourself and your finances. This may mean gathering evidence and engaging in discovery, such as depositions, in addition to crafting compelling legal arguments. Only then can you be fully prepared to advocate for yourself in light of the applicable laws and maximize your chances of securing your financial freedom post-divorce.