Continue reading to learn more about situations in which a prenuptial agreement may be thrown out.
Several provisions in a prenuptial agreement that a couple may have could be thrown out by a judge. Any divorce provisions must be reasonable and consistent with existing state laws. If a spouse’s infidelity is discovered, it may result in a spouse losing custody or visitation rights to a child or children.
Lack of Assets and Infidelity
In the event of infidelity, where one party is significantly wealthier than the other, the prenuptial agreement may stipulate that the other party receives only a portion of the other party’s wealth.
Under Duress Signing
If one party feels compelled to sign a prenuptial agreement, they can tell a judge about it during a divorce. However, if you have been coerced into signing something, you should contact a lawyer as soon as possible.
A Swindling Arrangement
If all assets and liabilities are not disclosed before the prenuptial agreement is signed, it may be void. This can also be the case if assets or debts have been misrepresented or exaggerated in some way.
State Law Violations
The prenuptial agreement must not be illegal under current state laws. Especially when it comes to property division, child visitation, or custody.
Legal Representation That Is Appropriate
If one of the parties does not have adequate legal representation, the prenuptial agreement may be thrown out by the judge. Each party must retain independent counsel who can fully explain the agreement and its terms and conditions to the person signing it. This can help prevent one of the parties to the agreement from making unreasonable demands. As a result, it is critical to have a lawyer review the document before agreeing to and signing it.
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