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Is my prenup invalid?

Before going into a marriage, many couples decide that they would like to protect their own personal assets that they acquired during the marriage, or their assets that they expect to acquire during the marriage, in the event of a divorce. This process is called a premarital agreement, otherwise known as a prenup. However, although it can have been agreed at the time when the marriage occurred, when a person is considering or going through a divorce, they may find that the prenup is no longer valid for one reason or another. The following are some reasons why your premarital agreement may not be enforceable under the law.

If you only verbally agreed on what would happen to your finances in the event of a divorce, this can never be legally enforced. This is why it is vital to always make any agreement in writing.

If you or your spouse were pressured into creating such an agreement, then it can be legally contested. This is because it is not legal for a person to be coerced or threatened in relation to signing a legal document.

If you did not read the lengthy terms of the prenup, then you can argue that it is not enforceable under the law. This is also true if you were rushed into signing it by your spouse, or if the information was incomplete or incorrect.

There can be many reasons why a premarital agreement might not be valid, and it is vital that you consider all of these possibilities when going through your divorce so that you get the best possible outcome.

Source: FindLaw, "Why a premarital agreement may be invalid," accessed Nov. 03, 2017

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