If your spouse has requested a divorce and there is a prenuptial agreement in place, you may want to talk to a divorce attorney quickly. While prenuptial agreements are legal, there is a chance something on the agreement might be void or invalid. The only way you will know this is by letting a divorce attorney read it over. Here are three common parts of prenuptial agreements that may not hold up in court.
You have proof your spouse hid assets
When a prenuptial agreement is created, both spouses must list every asset they own. If you discovered that your spouse did not list all assets on the agreement when it was made, this agreement might be void. If the person you married wanted to protect his or her assets, asking you to sign the agreement should have been sufficient. If he or she was hiding things, there might be a different motive in place.
You must make sure you tell your divorce attorney about this, because this could be the perfect strategy to use to fight the enforcement of the prenup during your divorce.
The agreement is overly lopsided
While the purpose of a prenuptial is to protect one spouse from losing his or her assets, it cannot be too lopsided for the other spouse. For example, if your agreement states that you get nothing if you divorce, this would probably be considered too uneven. You should be entitled to receiving something if you divorce, and your lawyer will fight for this if this is the case.
The agreement makes strange demands
A third thing your divorce attorney will look for as he or she reviews the agreement is any weird demands. If, for example, the agreement states that you must move to a different state if the marriage fails, this would be considered strange. Your spouse cannot force you to move far away, and he or she cannot force you to do any other types of strange things.
When a prenuptial agreement contains things in it that are not valid, legal, or fair, the entire agreement might be thrown out in court. This means that you may end up getting more from the divorce settlement than you had originally planned for.
When a couple divorces and has a prenuptial agreement, it is vital for both of you to have attorneys. Your attorney might be able to help you prove the agreement is invalid, and this could be a huge benefit for you. To learn more, contact a divorce attorney today.
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